Ordered that the judgment is modified, on the facts, by reducing the defendant's conviction of burglary in the third degree to criminal trespass in the third degree, and vacating the sentence imposed thereon; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Nassau County, for sentencing on the conviction of criminal trespass in the third degree.
On October 28, 2009, the then-55-year-old defendant, who purported to be homeless...
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