PEOPLE v. DAVIS


256 A.D.2d 28 (1998)

683 N.Y.S.2d 1

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD DAVIS, Also Known as SEDRICK PERRY, Appellant.

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

Decided December 1, 1998.


The evidence of second-degree burglary was legally sufficient. We reject defendant's unpreserved contention that the indictment required the People to prove unlicensed entry into the public reception area of the building, rather than a private office therein (see, Penal Law § 140.00 [2], [5]). On the contrary, defendant's unlicensed entry into a private office within the offices of the insurance company satisfied the trespassory element of the burglary charge...

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