Ordered that the judgment is modified, on the law, by vacating the conviction of burglary in the first degree, and the sentence imposed thereon, and remitting the matter to the Supreme Court, Queens County, for a new trial on that charge only; as so modified, the judgment is affirmed.
In the instant case, the indictment charged, inter alia, that the defendant "knowingly entered and remained unlawfully" in the apartment of the victim (emphasis added)...
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