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People v. Cook

16 A.D.2d 634, 227 N.Y.S.2d 98, 1962 N.Y. App. Div. LEXIS 10203
CourtAppellate Division of the Supreme Court of the State of New York
DecidedApril 19, 1962
StatusPublished

This text of 16 A.D.2d 634 (People v. Cook) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Cook, 16 A.D.2d 634, 227 N.Y.S.2d 98, 1962 N.Y. App. Div. LEXIS 10203 (N.Y. Ct. App. 1962).

Opinion

Judgment of conviction of the crime of unlawful entry (Penal Law, § 405) unanimously reversed, on the facts and on the law, and the information dismissed. To convict defendant of the crime of unlawful entry required proof that he entered the building unlawfully with intent to commit a crime therein. There is present here only a strong suspicion that defendant was the intruder who was seen entering the premises and no proof whatsoever that even if he were that intruder he intended to commit a crime inside the building (People v. Calloway, 297 N. Y. 931; People v. Cooperman, 279 N. Y. 599; People v. Orr, 270 N. Y. 193; People v. Derby, 275 App. Div. 655). Concur — Botein, P. J., Breitel, Valente, McNally and Stevens, JJ.

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Related

People v. Orr
200 N.E. 783 (New York Court of Appeals, 1936)
People v. Calloway
79 N.E.2d 820 (New York Court of Appeals, 1948)
People v. Cooperman
17 N.E.2d 456 (New York Court of Appeals, 1938)

Cite This Page — Counsel Stack

Bluebook (online)
16 A.D.2d 634, 227 N.Y.S.2d 98, 1962 N.Y. App. Div. LEXIS 10203, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cook-nyappdiv-1962.