Defendant was charged in a three-count indictment with burglary in the second degree, possession of burglar's tools, and criminal mischief in the fourth degree. The case was tried to a jury, and, at the close of the evidence, the court submitted the three counts to the jury along with criminal trespass in the second degree as a lesser included offense of the burglary charge. The court specifically instructed the jury that it could consider the lesser criminal-trespass charge...
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