Ordered that the judgment is modified, on the law, by vacating the conviction of burglary in the second degree under count two of the indictment and the sentence imposed thereon and dismissing that count of the indictment; as so modified, the judgment is affirmed.
The defendant only partially preserved for appellate review his challenge to the legal sufficiency of the evidence supporting his conviction of burglary in the second degree under count two of the indictment...
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