People v. Combo

—Judgment unanimously affirmed. Memorandum: Defendant contends that his conviction of burglary in the second degree (Penal Law § 140.25 [2]) must be reversed because he may have been convicted of a crime for which he was not indicted. We disagree. Defendant was charged under count one of the indictment with burglary in the second degree arising from his illegal entry into a residence between March 15 and March 25, 1995 and theft of items from that residence. Defendant was indicted for only one illegal entry, but there was evidence that it would have taken multiple entries to remove all of the…