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PEOPLE v. ENNIS

30 N.Y.2d 535 (1972)

The People of the State of New York, Appellant-Respondent, v. Macio Ennis, Respondent-Appellant.

Court of Appeals of the State of New York.

Decided February 10, 1972.

Attorney(s) appearing for the Case

Eugene Gold, District Attorney (Aaron Nussbaum of counsel), for appellant-respondent.

James Carroll for respondent-appellant.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.

Order affirmed. With respect to the People's appeal, in the absence of proof by the prosecution of the character of the basement area, there was a failure of proof to support the conviction of burglary...

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