Ordered that the judgment is affirmed.
Contrary to the People's contention, the defendant's contention that the Supreme Court erred in refusing to charge burglary in the third degree as a lesser-included offense of burglary in the second degree is preserved for appellate review (see CPL 470.05 [2]). We agree with the People, however, that the defendant's contention is without merit. Viewing the evidence in the
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