PEOPLE v. RICHBERG


56 A.D.2d 279 (1977)

The People of the State of New York, Appellant, v. Edward Richberg, Sr., and Edward Richberg, Jr., Respondents

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

March 3, 1977


Attorney(s) appearing for the Case

Alan Seth Adolph of counsel (Mario Merola, District Attorney), for appellant.

Selig Lenefsky for Edward Richberg, Sr., respondent.

Harry Cohen for Edward Richberg, Jr., respondent

LUPIANO, J. P., BIRNS and CAPOZZOLI, JJ., concur.


SILVERMAN, J.

The People appeal from an order of the Supreme Court dismissing the first count of the indictment charging defendants with attempt to commit arson in the third degree.

In the course of a hearing on a motion to suppress physical evidence and statements, defendants raised the issue of whether the structure involved, an empty, vandalized, and perhaps abandoned building, constituted a "building...

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