The court's fact-finding determination was based on legally sufficient evidence and was not against the weight of the evidence. Appellant's participation was amply established by the complainant's testimony that he saw appellant, moments after the crime, exiting the adjacent building with several individuals, one of whom the complainant had seen in his apartment, and that immediately thereafter he saw the police recover part of his property from each member of a group of three persons that included appellant ( see, People v. Davis, 213 A.D.2d 289, lv denied 85 N.Y.2d 937).
As the presentment agency correctly concedes, the crimes of burglary in the third degree, criminal trespass in the second degree, and criminal trespass in the third degree are all lesser included offenses of burglary in the second degree, so that these charges should be dismissed (CPL 300.40 [b]).
Concur — Lerner, P. J., Sullivan, Nardelli and Rubin, JJ.