Ordered that the judgment is modified, on the law, by reversing the conviction for burglary in the second degree, vacating the sentence imposed thereon, and a new trial is ordered with respect thereto; as so modified, the judgment is affirmed. No questions of fact have been raised or considered.
The trial evidence establishes that the defendant was found sleeping in a dwelling he was not authorized to enter (the Bohrer dwelling) by a police officer who followed the...
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