People v. Ruiz

— Order, Supreme Court, New York County (Herbert Altman, J.), entered December 10, 1984, which dismissed count one of the indictment, charging defendant with burglary in the third degree, reversed, on the law, the dismissed count reinstated and the matter remanded for further proceedings.

The defendant was arrested inside a van parked at the site of a subway work project in Manhattan. Work at the project was being done by employees of Jandous Electric Company and the van belonged to an employee of that company, who was working at the site. Evidence before the Grand Jury showed that the…