Judgment unanimously modified on the law and as modified affirmed in accordance with the following Memorandum: Defendant was convicted, following a jury trial, of burglary in the second degree (see, Penal Law § 140.25 [2]) and petit larceny (see, Penal Law § 155.25), in connection with the alleged burglary and theft of personal property from his sister's apartment on February 21, 1987. On this appeal, defendant contends that his conviction of burglary...
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