PEOPLE v. LIGHTBOURNE


34 A.D.2d 799 (1970)

The People of the State of New York, Respondent, v. James Lightbourne and Edward Leon Sheppard, Appellants

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

May 11, 1970


Judgments reversed, on the law and the facts, and indictment dismissed.

In our opinion, the evidence was insufficient to warrant a finding of guilt beyond a reasonable doubt that the entry into the apartment was made with intent to commit a crime (cf. People v. Cleague, 22 N.Y.2d 363, 366; People v. Taddio, 292 N.Y. 488, 489; People v. Orr, 270 N.Y. 193, 196; People v. Seaman, 21 A.D...

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