¶1— Appeal from a judgment of the County Court of Albany County (Harris, J.), rendered December 1, 1983, upon a verdict convicting defendant of the crimes of burglary in the second degree and conspiracy in the fourth degree.
¶2Judgment reversed, on the law, and indictment dismissed (see, People v Marmulstein, 109 AD2d 948). Mahoney, P. J., Kane, Casey, Weiss and Levine, JJ., concur.