The record is devoid of proof that defendant opened the window to effect entry into the apartment (see former Penal Law, § 404). The element of breaking was not made out and accordingly the evidence to sustain the conviction for burglary is insufficient. (People v. Wissler,
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PEOPLE v. TACARDON
40 A.D.2d 640 (1972)
The People of the State of New York, Respondent, v. Ralph Tacardon, Appellant
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
October 5, 1972
October 5, 1972
Appellate Division of the Supreme Court of the State of New York, First Department.
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