Judgment unanimously modified on the law and as modified affirmed and new trial granted on count three of the indictment in accordance with the following Memorandum: Defendant appeals from a judgment convicting him after a jury trial of burglary in the second degree (Penal Law § 140.25 [2]), grand larceny in the third degree (Penal Law § 155.35) and criminal possession of stolen property in the third degree (Penal Law § 165.50). Contrary to defendant's contention...
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