Judgment unanimously modified, on the law, and, as modified, affirmed, in accordance with the following memorandum:
Defendant was convicted of burglary in the second degree and criminal mischief in the fourth degree. On review of the record, we find insufficient proof of "intent to commit a crime therein" (Penal Law § 140.25 [2]). The evidence does establish that the lesser included crime of criminal trespass in the second degree, Penal Law § 140.15, was...
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