Judgment unanimously modified as a matter of discretion in the interest of justice and as modified affirmed in accordance with the following Memorandum: Defendant appeals from a judgment convicting him after a jury trial of two counts of burglary in the first degree (Penal Law § 140.30 [1], [2]). County Court properly allowed the People to amend counts two and three of the indictment charging burglary in the first degree by including the phrase "or another participant...
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