It is hereby ordered that the judgment so appealed from be and the same hereby is affirmed.
Memorandum:
Defendant appeals from a judgment convicting him following a jury trial of burglary in the second degree (Penal Law § 140.25 [2]) and attempted petit larceny (§§ 110.00, 155.25). Defendant contends that the People failed to establish that the building he entered unlawfully was a dwelling (see
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