PEOPLE v. MELENDEZ


206 A.D.2d 270 (1994)

613 N.Y.S.2d 867

The People of the State of New York, Respondent, v. Ricardo Melendez, Appellant

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

July 7, 1994


Defendant's guilt of burglary in the second degree concerning the May 4, 1991 incident was proven beyond a reasonable doubt. "A person is guilty of burglary in the second degree when he knowingly enters or remains unlawfully in a building with intent to commit a crime therein, and when * * * [t]he building is a dwelling." (Penal Law § 140.25 [2].) Defendant contends that the People did not prove that his entry into complainant's apartment was unlawful because "there...

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