Ordered that the judgment is modified, on the law, by reversing the conviction of burglary in the second degree, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.
We find that the evidence was legally insufficient to establish the defendant's guilt of burglary in the second degree. The store in which the defendant committed the robbery was open to the public at the time of his entry. No evidence...
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