People v. Montalvo

— Judgment, Supreme Court, Bronx County (Joseph Cerbone, J.), rendered December 19, 1990 by which defendant was convicted, after a jury trial, of murder in the second degree, manslaughter in the second degree and burglary in the first degree, and sentenced to concurrent terms of 15 years to life, 5 to 15 years and 8 Vs to 25 years, respectively, unanimously reversed, on the law and the facts, both homicide counts contained in the indictment are dismissed and the matter is remanded for a new trial on the burglary count.

The defendant and the victim, Anna Cruz, met sometime in the late 1970’s…