Summary
finding a basement presumptively open to the public absent any information regarding the “character” of the basement
Summary of this case from People v. SalOpinion
Argued January 6, 1972
Decided February 10, 1972
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, IRWIN BROWNSTEIN, J.
Eugene Gold, District Attorney ( Aaron Nussbaum of counsel), for appellant-respondent.
James Carroll for respondent-appellant.
Order affirmed. With respect to the People's appeal, in the absence of proof by the prosecution of the character of the basement area, there was a failure of proof to support the conviction of burglary. No opinion.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.