STATE v. BERKEY


267 N.J. Super. 124 (1993)

630 A.2d 855

STATE OF NEW JERSEY, PLAINTIFF, v. DAVID BERKEY, DEFENDANT.

Superior Court of New Jersey, Law Division Somerset County.

Decided May 21, 1993.


Attorney(s) appearing for the Case

Frank Kolodzieski, Assistant Prosecutor, for the State (Nicholas L. Bissell, II, Somerset County Prosecutor, attorney).

Anthony J. Mignella, Assistant Deputy Public Defender, for the defendant (Zulima V. Farber, Public Defender, and Brenda B. Smith, Deputy Public Defender for Somerset County, attorneys).


IMBRIANI, P.J.Cr.

The issue in this case is whether a person who is not a tenant in a garden apartment complex can be charged with burglary if he enters the laundry room in the basement of one of the apartment buildings with the purpose to commit an offense therein by stealing money from coin-operated machines. N.J.S.A. 2C:18-2 defines burglary as the entry into a structure with the intent to commit an offense therein "unless the structure was at the time open...

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