
    The People of the State of New York, Respondent, v Richard Gloss, Appellant.
   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 indictment 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.  