Majority
p. 1024The People of the State of New York, Respondent, v Sandy Rodgers, Appellant.
— Judgment unanimously modified, on the law and facts, and, as modified, affirmed, in accordance with same memorandum as in
p. 1025
People v Steele (81 AD2d 1024). (Appeal from judgment of Erie Supreme Court — burglary, third degree.) Present — Dillon, P. J., Hancock, Jr., Doerr, Moule and Schnepp, JJ.