Ordered that the judgment is reversed, on the law, and the indictment is dismissed.
Defendant was indicted for burglary in the second degree and grand larceny in the third degree as the result of an incident alleged to have taken place on May 6, 1986. At trial, however, the People offered evidence that the defendant entered the complainant's apartment twice, the second entry being only minutes after the first. In charging the jury, the court submitted burglary in...
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