PEOPLE v. BOETTCHER


20 A.D.2d 801 (1964)

The People of the State of New York, Respondent, v. Ludwig Anthony Boettcher, Jr., Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 16, 1964


Judgment reversed on the law and on the facts, and a new trial granted.

In rendering his decision, the Trial Judge expressed his opinion that the defendant did not have an intent to commit a crime within the premises which he allegedly entered unlawfully. The crime of unlawful entry is committed where "a person who, under circumstances not amounting to a burglary enters a building, or any part thereof, with intent to commit a crime," and a conviction of that...

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