Judgment reversed, on the law, and indictment dismissed, with leave to the People to resubmit the charges to another Grand Jury.
Memorandum:
The indictment charging defendant with burglary in the third degree in violation of Penal Law § 140.20 alleged that defendant "knowingly entered or remained in a building, to wit, 19 Henry Street, with intent to commit a crime therein", thus omitting the allegation that the entry was unlawful, a necessary...
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