Judgment unanimously modified on the law and as modified affirmed and matter remitted to Supreme Court for sentencing in accordance with the following Memorandum: Defendant appeals from a judgment convicting him after a jury trial of burglary in the first degree (Penal Law § 140.30 [1]) and grand larceny in the third degree (Penal Law § 155.35). The testimony at trial established that defendant, along with an accomplice, entered a residence and stole property consisting...
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