It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
On appeal from a judgment convicting him of burglary in the second degree (Penal Law § 140.25 [2]) and other crimes, defendant contends that Supreme Court erred in instructing the jury, with respect to the burglary charge, that "an attached enclosed porch is a part of a dwelling." We reject that contention. Penal Law § 140.25 (2) provides...
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