PEOPLE v. POWELL


58 N.Y.2d 1009 (1983)

The People of the State of New York, Respondent, v. Marvin Powell, Appellant.

Court of Appeals of the State of New York.

Decided March 22, 1983.


Attorney(s) appearing for the Case

Joseph B. Mistrett and Rose H. Sconiers for appellant.

Richard J. Arcara, District Attorney (John J. De Franks and Barbara Davies Eberl of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG, MEYER and SIMONS concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

It cannot be said that the evidence was insufficient to sustain the charge of burglary in the third degree simply because the building housed attorneys' offices and the front door was unlocked. Subdivision 5 of section 140.00 of the Penal Law provides that "A person who * * * enters or remains in or upon premises which are at the time open to...

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