Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Rooney, J.), rendered November 14, 2011, convicting him of burglary in the first degree, attempted assault in the second degree, and assault in the third degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is modified, on the facts, by vacating the conviction of burglary in the first degree under count one of the indictment, vacating the sentence imposed thereon...
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