Judgment unanimously modified, on the law and facts, and, as modified, affirmed, in accordance with the following memorandum: Defendant's conviction of burglary in the second degree (Penal Law, § 140.25) must be reversed for failure of proof of a necessary element of the crime. In order to sustain a conviction of burglary, the People must prove that a defendant knowingly entered or remained unlawfully in or upon premises, i.e., that he was not licensed or privileged...
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