BURGLARY SECOND COUNT DISMISSED AS A LESSER INCLUSORY COUNT OF THE TWO BURGLARY FIRST COUNTS (FOURTH DEPT).
The Fourth Department dismissed the burglary second count as a lesser inclusory count of the two burglary first counts:
…[C]ount three of the indictment, charging burglary in the second degree, must be dismissed as a lesser inclusory concurrent count of counts one and two, charging burglary in the first degree (see CPL 300.40 [3] [b] …). People v Smith, 2020 NY Slip Op 05643, Fourth Dept 10-9-20