Judgment unanimously modified on the law and facts in accordance with memorandum and as modified, affirmed.
Memorandum:
Defendant went to trial on a two-count indictment accusing him of committing the crimes of burglary, third degree, and petit larceny as part of a single transaction. After the People rested, the court denied defendant's motion to dismiss but stated that it would submit the first count as unlawful entry. Thereafter defendant pleaded guilty...
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