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PEOPLE v. ORTIZ

2016-06057, Ind. No. 15-00107.

170 A.D.3d 892 (2019)

93 N.Y.S.3d 870

2019 NY Slip Op 01798

The People of the State of New York, Respondent, v. Dillon Ortiz, Appellant.

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

Decided March 13, 2019.

Ordered that the judgment is modified, on the law, by vacating the conviction of burglary in the second degree, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.

The defendant failed to preserve for appellate review his challenge to the legal sufficiency of the intent element of burglary in the first degree (see CPL 470.05 [2]). In any event...

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