The complainant was entering the public hallway of her apartment building when she was assaulted by the defendant. The crime of burglary in the third degree is defined as entering or remaining unlawfully in a building with intent to commit a crime therein (Penal Law, § 140.20). The indictment originally recited that the crime intended to be committed was the crime of larceny. Prior to trial, the indictment was amended by striking the word larceny and substituting...
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