Ordered that the judgment is modified, on the law, by vacating the conviction of burglary in the third degree, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed, and the matter is remitted to the County Court, Suffolk County, for the issuance of an amended uniform sentence and commitment sheet in accordance herewith.
Viewing the evidence in the light most favorable to the prosecution (see...
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