People v. Share

Judgment unanimously modified on the law and as modified affirmed and defendant remanded to Cayuga County Court for resentencing. Memorandum: From our review of the record, we find the evidence to be legally sufficient to support defendant’s conviction of two counts of burglary in the second degree (Penal Law § 140.25 [2]). The testimony of the codefendant, corroborated by other proof, established that defendant knowingly entered two residences with intent to commit a crime therein. The record further establishes that the two structures were, in fact, "dwellings” within the meaning of the…