Judgment unanimously affirmed.
Memorandum:
We reject defendant's contention that his retrial on the burglary count of the indictment is barred by principles of double jeopardy. Defendant argues that the evidence adduced at his first trial, which resulted in a mistrial when the jury was unable to agree upon a verdict, was legally insufficient to establish a burglary based upon the "remains unlawfully" component of the burglary statute (Penal Law § 140...
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