Ordered that the judgment is modified, on the law, by vacating the conviction of burglary in the third degree and vacating the sentence imposed thereon; as so modified, the judgment is affirmed, and the matter is remitted to the County Court, Suffolk County, for a new trial on that charge.
The defendant was charged with criminal trespass in the third degree for entering upon the complainant's property, which was "fenced or otherwise enclosed in a manner designed to...
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