Judgment unanimously modified on the law and as modified affirmed and matter remitted to Erie County Court for resentencing in accordance with the following Memorandum: Defendant appeals from a judgment convicting him after a jury trial of burglary in the second degree (Penal Law § 140.25 [2]) and criminal possession of stolen property in the fifth degree (Penal Law § 165.40). Contrary to defendant's contentions, the evidence is legally sufficient to support the...
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