¶ Defendant was indicted for three counts of burglary and one count of attempted assault in the second degree. Upon the close of the People's case defense counsel moved for a trial order of dismissal. The court denied the motions as to the first burglary count and the attempted assault charge, but granted the motion as to the other two burglary counts "only to the extent that the court will charge the lesser included offense as to those counts of criminal trespass in...
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