(DOWNLOAD) "People State New York v. Marvin Powell" by Court of Appeals of New York ~ eBook PDF Kindle ePub Free
eBook details
- Title: People State New York v. Marvin Powell
- Author : Court of Appeals of New York
- Release Date : January 22, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
The order of the Appellate Division should be affirmed. It cannot be said that the evidence was insufficient to sustain the charge of burglary in the third degree simply because the building housed attorneys offices and the front door was unlocked. Subdivision 5 of section 140.00 of the Penal Law provides that "A person who * * * enters or remains in or upon premises which are at the time open to the public does so with license and privilege unless he defies a lawful order not to enter or remain" (emphasis supplied). The jury could find on the evidence before it that though defendants entry was licensed, he was not licensed to remain because it was apparent after his entry from the time of the day and the absence of any persons in the reception area or individual offices that the building was not "at the time open to the public".
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