Order unanimously reversed on the law, motion denied and indictment reinstated.
Memorandum:
The indictment charged defendant with burglary in the second degree (Penal Law § 140.25 [2]) and petit larceny (Penal Law § 155.25). The People recite that on June 20, 1988 at approximately 4:00 A.M. defendant broke into the home of the victims, who were awakened from their sleep "to see [defendant] rummaging through purses and belongings in [their] bedroom...
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