•— Appeal from a judgment of the County Court of Albany County (Clyne, J.), rendered December 1,1981, upon a verdict convicting defendant of the crime of burglary in the third degree. Judgment reversed, on the law, and matter remitted for a new trial (People v Thompson, 94 AD2d 898). Mahoney, P. J., Sweeney, Casey, Mikoll and Weiss, JJ., concur.