¶1Judgment insofar as it convicts defendant of burglary, second degree, which is a lesser inclusory count of burglary, first degree, unanimously reversed, on the law, sentence thereon vacated and that count of the indict*783ment dismissed, and otherwise judgment affirmed. (Appeal from judgment of Monroe County Court, Mark, J. — murder, etc.) Present — Cardamone, J. P., Callahan, Doerr, Denman and Schnepp, JJ.
83 A.D.2d 782
People v. Gloss
Appellate Division of the Supreme Court of the State of New York
Decided July 9, 1981
Appellate Division of the Supreme Court of the State of New York · decided 1981-07-09
Decided 1981-07-09