PEOPLE v. HUTCHINSON


124 Misc.2d 487 (1984)

The People of the State of New York, Plaintiff, v. Zee Hutchinson, Also Known as Zafarin Hutchinson, Defendant.

Supreme Court, Bronx County.

June 6, 1984


Attorney(s) appearing for the Case

Gerald Silver for defendant. Mario Merola, District Attorney (Toby Pilsner of counsel), for plaintiff.


RENA K. UVILLER, J.

At the conclusion of the evidence at defendant's trial for burglary and related crimes, he has moved to dismiss the burglary counts on the ground that there was legally insufficient evidence that he had entered or remained unlawfully in the complainant's apartment. (CPL 290.10.) The motion raises two questions about the meaning of the phrase "enters or remains unlawfully", contained in the criminal trespass and burglary provisions...

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