Judgment modified on the law and facts as follows: (1) by striking out the provisions convicting defendant of third-degree burglary as a felony and imposing sentence therefor; and (2) by substituting therefor a provision convicting defendant of the misdemeanor of unlawful entry (Penal Law, § 405). As so modified, the judgment is affirmed and the defendant is remanded to the Criminal Term, Supreme Court, Queens County, for resentencing upon such misdemeanor.
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