It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him upon a jury verdict of, inter alia, two counts of burglary in the first degree (Penal Law § 140.30 [2], [3]), defendant contends that the prosecutor's summation and County Court's jury charge improperly altered the theory of the prosecution. We address that contention despite defendant's failure to preserve it for our review because...
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