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Try CasePortal for FreeJ. Garcia finds that the appellate division improperly overturned defendant's burglary conviction on grounds that notice was not provided when ordinary burglary was added as a lesser included offense to the more serious count of burglary as a sexually motivated felony because the indictment specifically identified the lesser included crime as the qualifying offense for the sexually motivated count, and at no time did the prosecution suggest abandoning the lesser charge. Reversed.
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