Appellate Division of the Supreme Court of the State of New York April 28, 1995 (People v. Burton)

Judgment unanimously modified on the law and as modified affirmed and matter remitted to Steuben County Court for further proceedings in accordance with the following Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of burglary in the second degree and petit larceny arising out of his illegal entry into the home of a motel operator and his theft of $110 therefrom.