Ordered that the judgment is modified, on the law, by reversing the convictions of burglary in the second degree, vacating the sentences imposed thereon, and dismissing those counts of the indictment; as so modified, the judgment is affirmed.
As the People correctly concede, the defendant's convictions of burglary in the second degree must be vacated and the two counts of the indictment charging that crime must be dismissed, as it is a lesser-included offense of burglary...
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