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PEOPLE v. GRANT

2011-07841. Ind. No. 3994/10.

151 A.D.3d 883 (2017)

58 N.Y.S.3d 77

2017 NY Slip Op 04859

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JONATHON GRANT, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided June 14, 2017.

Ordered that the judgment is affirmed.

There is no merit to the defendant's contention that the Supreme Court erred in charging the jury on the crime of burglary in the first degree under the theory that the defendant unlawfully remained in the complainant's dwelling with the intent to commit a crime therein, rather than the theory that he unlawfully entered the complainant's dwelling with the intent to commit a crime therein (see People v Graves,

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