MATTER OF SHAFII

Contrary to respondent's argument, the complainant's testimony and the physical evidence are reconcilable and we therefore decline to disturb the court's factual findings as against the weight of the evidence ( see, Matter of Christopher T., 156 A.D.2d 190).

The presentment agency concedes that the counts of the petition charging third-degree burglary and second-degree trespass should be dismissed as lesser included offenses of burglary in the second degree ( People v Glover, 57 N.Y.2d 61).

Concur — Ellerin, J.P., Wallach, Ross, Nardelli and Tom, JJ.