Ordered that the judgment is modified, on the law, by reversing the conviction of burglary in the second degree as charged in the second count of the indictment, vacating the sentence imposed thereon, and that count of the indictment is dismissed. As so modified, the judgment is affirmed.
The arrest of the defendant in this case was predicated upon a radio transmission that a burglary had been committed, which included a description of the physical appearance and...
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