Judgment unanimously modified on the law and as modified affirmed in accordance with the following Memorandum: Defendant was convicted following a jury trial of burglary in the third degree (Penal Law § 140.20), petit larceny (Penal Law § 155.25), and making a punishable false written statement (Penal Law § 210.45). The conviction of making a punishable false written statement arises out of a statement that defendant made to the police in which he denied any...
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