People v. Persaud

—Appeal by the defendant from a judgment of the County Court, Nassau County (Kowtna, J.), rendered October 13, 1995, convicting him of burglary in the second degree and petit larceny (two counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is modified, on the law, by reversing the conviction for burglary in the second degree, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.

As correctly conceded by the People, count one of the indictment, charging the defendant with burglary in the second…