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BURGLARY SECOND COUNT DISMISSED AS A LESSER INCLUDED CONCURRENT COUNT OF BURGLARY FIRST (SECOND DEPT).

The Second Department, vacating the sentence and dismissing the count, determined burglary second is a lesser included concurrent count of burglary first:

… [T]he defendant’s conviction of burglary in the second degree under Penal Law § 140.25(2), as well as the sentence imposed thereon, must be vacated and that count dismissed as a lesser included concurrent count of burglary in the first degree under Penal Law § 140.30(4) (see CPL 300.40[3][b] …). People v Joseph, 2022 NY Slip Op 02282, Second Dept 4-6-22

 

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