Ordered that the judgment is modified, on the law, by reducing the convictions of burglary in the first degree to criminal trespass in the second degree and vacating the sentences imposed thereon, and by reversing the convictions of assault in the second degree, vacating the sentences imposed thereon, and dismissing those counts of the indictment. As so modified, the judgment is affirmed insofar as appealed from.
A necessary element of the burglary and assault counts...
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