Judgment insofar as it convicts defendant of burglary, second degree, which is a lesser inclusory count of burglary, first degree, unanimously reversed, on the law, sentence thereon vacated and that count of the indict*783ment dismissed, and otherwise judgment affirmed. (Appeal from judgment of Monroe County Court, Mark, J. — murder, etc.) Present — Cardamone, J. P., Callahan, Doerr, Denman and Schnepp, JJ.