PEOPLE v. WHITE


256 A.D.2d 67 (1998)

682 N.Y.S.2d 33

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY WHITE, Appellant.

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

Decided December 8, 1998.


Defendant was arrested for burglary after he was observed in the basement of a restaurant by two restaurant employees. The basement was accessible from the public sidewalk by way of a metal "bulkhead" door and descending stairs. The employees testified that defendant was "looking at a wallet" and had another employee's shirt in his hands. When one employee asked defendant what he was doing there, he replied "[i]t's cold outside." On the date of the incident, the temperature...

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