Opinion
July 9, 1981
Appeal from the Monroe County Court, Mark, J.
Present — Cardamone, J.P., Callahan, Doerr, Denman and Schnepp, JJ.
Judgment 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 indictment dismissed, and otherwise judgment affirmed.