Judgment reversed on the law and the facts, and information dismissed.
In our opinion, the evidence is insufficient to warrant a finding of guilt beyond a reasonable doubt that defendant entered the church premises in question with intent to commit a crime. A mere entry, without intent to commit a crime, does not constitute "unlawful entry" under the statute (Penal Law, § 405; cf. People v. Weiss, 290 N.Y. 160; People v. Taddio, 292 N.Y. 488).<...
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