When is a building "open to the public" within the meaning of the burglary statutes (Penal Law, § 140.00, subd 5; §§ 140.20, 140.25)?
The issue has not previously been directly addressed.
The question is, however, of particular importance to defendants charged with crimes of burglary in the second or third degrees since "a person who, regardless of his intent, enters or remains in or upon premises which...
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