Ordered that the judgment is affirmed.
The defendant's conviction of burglary in the first degree was based upon a charge under Penal Law § 140.30 (2) which includes the requirement that physical injury was caused to a nonparticipant. A codefendant indicted and tried jointly with the defendant was acquitted of this charge, but found guilty of the lesser included offense of burglary in the second degree under Penal Law § 140.25 (2), which, according to the...
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