Ordered that the judgment is modified, on the law, by vacating the defendant's conviction of burglary in the first degree under the first count of the indictment and the sentence imposed thereon; as so modified, the judgment is affirmed. No questions of fact have been raised or considered.
The complainant, who had just returned home, heard noises emanating from the second story of his house, and upon finding his shotgun missing from its place behind a couch, immediately...
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