It is hereby ordered that the amended order so appealed from is unanimously modified on the law by providing that the first count of the indictment, charging burglary in the third degree (Penal Law § 140.20), is reduced to criminal trespass in the third degree (§ 140.10 [a]) and as modified the amended order is affirmed.
Memorandum:
The People appeal from an amended order granting that part of the omnibus motion of defendant seeking
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