¶1Judgment unanimously modified on the law and as modified affirmed, in accordance with same memorandum as in People v Liszka ([appeal No. 1] 156 AD2d 1021 [decided herewith]). (Appeal from judgment of Erie County Court, Wolfgang, J. — burglary, sec*1022ond degree.) Present — Boomer, J. P., Green, Pine, Lawton and Davis, JJ.
156 A.D.2d 1021
People v. Liszka
Appellate Division of the Supreme Court of the State of New York
Decided December 20, 1989
Appellate Division of the Supreme Court of the State of New York · decided 1989-12-20
Decided 1989-12-20