Judgment modified, on the law, by reversing the conviction of attempted petit larceny, said count of the indictment dismissed and all sentences imposed vacated. As so modified, judgment affirmed and matter remitted to the Supreme Court, Kings County, for resentencing.
On March 8, 1980 the complainant was alone in her fifth-floor apartment when she heard a knock at her door. She did not answer as she was undressed at the time and was not expecting any company. After...
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