PEOPLE v. TORRES


162 A.D.2d 385 (1990)

The People of the State of New York, Respondent, v. Hoppolito Torres, Also Known as Gustalo Perez, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

June 28, 1990


On August 27, 1989, defendant was observed by a tenant pushing a metal device into the cylinder locks of the entrance doors to two apartments.

On appeal defendant asserts that the hallway in which he was observed was not a dwelling but a public place. Therefore, it is urged that all the elements of the crime of burglary were not met. We do not agree.

The term dwelling is defined by Penal Law § 140.00 (3) as...

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