56 A.D.2d 701 | N.Y. App. Div. | 1977
Judgment unanimously reversed, on the law and facts, and new trial granted. Memorandum: Defendant was convicted of burglary in the third degree as charged in a single-count indictment. Although the indictment accused defendant of unlawfully entering a building "with the intent to commit the crime of larceny”, the trial court instructed the jury