Ordered that the judgment is modified, on the law and the facts, by reversing the defendant's conviction of possession of burglar's tools, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.
On October 4, 1984, at about 11:50 P.M., two police officers observed the defendant and a codefendant, not a party to this appeal, exiting through a chain link fence which encloses the Phoenix Beverage Company...
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