Ordered that the judgments are affirmed, and the matter is remitted to the County Court, Suffolk County, for further proceedings pursuant to CPL 460.50 (5).
Contrary to the defendant's contention, the County Court did not err in refusing to instruct the jury with a specific charge on the mistake of fact defense since the court's instructions on the elements of burglary in the third degree and grand larceny in the third and fourth degrees adequately covered the defense...
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