People v. Eastment

Appeal by the defendant from a judgment of the County Court, Suffolk County (Efman, J), rendered January 14, 2009, convicting him of burglary in the third degree and criminal trespass in the third degree, after a nonjury trial, and imposing sentence.

Ordered that the judgment is modified, on the law, by vacating the conviction of burglary in the third degree and vacating the sentence imposed thereon; as so modified, the judgment is affirmed, and the matter is remitted to the County Court, Suffolk County, for a new trial on that charge.

Viewing the evidence in the light most favorable to the…