Ordered that the order is affirmed.
The indictment charged the defendant with burglary in the second degree (Penal Law § 140.25 [2]), burglary in the third degree (Penal Law § 140.20), criminal mischief in the second degree (see, Penal Law § 145.10), and possession of burglars' tools (Penal Law § 140.35). At trial, the evidence established that the defendant and his codefendant, John Wilson (see, People v Wilson,
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