Ordered that the judgment is reversed insofar as appealed from, on the law and as a matter of discretion in the interest of justice, and a new trial is ordered with respect to those counts of the indictment charging the defendant with attempted burglary in the second degree and possession of burglar's tools.
We agree with the defendant's claim that the trial court erred in refusing his request to charge the jury as to attempted criminal trespass in the second degree...
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