It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified on the law by reversing that part convicting defendant of burglary in the second degree, granting the motion in part, and suppressing the incriminating statement made by defendant while being transported to arraignment and as modified the judgment is affirmed, and a new trial is granted on count one of the indictment.
Memorandum:
In appeal No. 1, defendant...
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