Defendant's claim that the indictment was duplicitous is not merely unpreserved, but was waived by his trial strategy. First, he succeeded in persuading the court to instruct the jury in a manner that would heighten the People's difficulty in proving their case. Although the subject count against defendant could have been construed, under the fact pattern, as permitting the conclusion that defendant committed burglary either upon entering the building or, alternatively, the...
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