Judgment unanimously modified on the law and as modified affirmed and matter remitted to Supreme Court, Monroe County, for further proceedings, in accordance with the following memorandum: Defendant's conviction of burglary in the second degree must be reversed and a new trial granted because the trial court committed reversible error in denying defendant's request that the court omit the "or remains" language from its charge on burglary in the second degree (People v...
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