PEOPLE v. KING


61 N.Y.2d 550 (1984)

The People of the State of New York, Respondent, v. Anthony King, Appellant.

Court of Appeals of the State of New York.

Decided March 29, 1984.


Attorney(s) appearing for the Case

Susan Hofkin Salomon and William E. Hellerstein for appellant.

Robert M. Morgenthau, District Attorney (Clara S. Licata and Amyjane Rettew of counsel), for respondent.

Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.


Chief Judge COOKE.

That element of a crime of burglary which requires that a person "enter * * * in a building" is met when the person or any part of his body intrudes within the building. Additionally, the recessed entry area of a store abutting the sidewalk, enclosed by display windows, a door, a roof and a security gate at the sidewalk line may be deemed part of a "building" under the Penal Law. Thus, evidence...

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