People v. Rumley

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Hollie, J.), rendered December 21, 2010, convicting him of burglary in the second degree (two counts) and criminal mischief in the fourth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is modified, on the law, by reducing the convictions of burglary in the second degree under counts one and two of the indictment to a conviction of criminal trespass in the second degree and vacating the sentences imposed thereon; as so modified, the judgment is affirmed, and the matter is remitted to the…