People v. Madera

Judgment, Supreme Court, New York County (Carol Berk-man, J.), rendered April 19, 2002, convicting defendant, after a jury trial, of burglary in the second degree, and sentencing him to a term of 10 years, unanimously reversed, on the law, the facts and as a matter of discretion in the interest of justice, the judgment vacated, and the matter remanded to the Supreme Court for a new trial before a different Justice.

Testimony elicited at trial indicates that at approximately 7:00 a.m. on July 27, 2001, defendant rang the apartment doorbell of Anna Nunez. Nunez testified that she looked through…