BURGLARY SECOND IS AN INCLUSORY CONCURRENT COUNT OF BURGLARY SECOND AS A SEXUALLY MOTIVATED FELONY (SECOND DEPT).

The Second Department vacated the burglary second conviction as an inclusory concurrent count of burglary second as a sexually motivated felony:

The People correctly concede that the defendant’s conviction of burglary in the second degree and the sentence imposed thereon, must be vacated, and that count of the indictment dismissed, as it is an inclusory concurrent count of burglary in the second degree as a sexually motivated felony … . People v Hay, 2022 NY Slip Op 04737, Second Dept 7-27-22

Practice Point: Burglary second is an inclusory concurrent count of burglary second as a sexually motivated felony.