Appellate Division of the Supreme Court of the State of New York April 20, 2016, 2012-02631 (People v. Smith)

Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Spergel, J.), rendered December 12, 2013, convicting him of burglary in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the facts and as a matter of discretion in the interest of justice, and a new trial is ordered.