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People v. Ennis

Court of Appeals of the State of New York
Feb 10, 1972
281 N.E.2d 180 (N.Y. 1972)

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. Sal

Opinion

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.


Summaries of

People v. Ennis

Court of Appeals of the State of New York
Feb 10, 1972
281 N.E.2d 180 (N.Y. 1972)

finding a basement presumptively open to the public absent any information regarding the “character” of the basement

Summary of this case from People v. Sal
Case details for

People v. Ennis

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant-Respondent, v. MACIO ENNIS…

Court:Court of Appeals of the State of New York

Date published: Feb 10, 1972

Citations

281 N.E.2d 180 (N.Y. 1972)
281 N.E.2d 180
330 N.Y.S.2d 384

Citing Cases

Rivera v. Harris

An entry is unlawful if it is accomplished without license or privilege. People v. Ennis, 37 A.D.2d 573, 322…

People v. Taylor

In all previously reported cases, where free public access to a particular facility, building or premises was…