Judgment, as amended, modified, on the law, by reversing the conviction of criminal trespass in the third degree and the sentence imposed thereon, and the said count is dismissed. As so modified, judgment, as amended, affirmed.
Under the facts herein, the crime of criminal trespass in the third degree is a lesser included offense of burglary in the third degree and therefore the conviction of the former should be reversed and that count dismissed (see People v...
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