Legal Opinion
People v. Taylor
New York Supreme Court
Decided June 30, 1982PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Sheldon S. Levy, J.
When is a building “open to the public” within the meaning of the burglary statutes (Penal Law, § 140.00, subd 5; §§ 140.20, 140.25)?
The issue has not previously been directly addressed.
The question is, however, of particular importance to defendants charged with crimes of burglary in the second or third degrees since “a person who, regardless of his intent, enters or remains in or upon premises which are at the time open to the public does so with license and privilege” (Penal Law, § 140.00, subd 5; emphasis supplied), and “premises” includes the term…
2Cases cited18 opinions
- Jacobellis v. OhioSupreme Court of the United States · 1964
- People v. MacerolaNew York Court of Appeals · 1979
- People v. BrownNew York Court of Appeals · 1969
- People v. LicataNew York Court of Appeals · 1971
- People v. MerollaNew York Court of Appeals · 1961
13 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- People v. LeonardNew York Court of Appeals · 1984
- McKay v. City of New YorkDistrict Court, S.D. New York · 2014
- People v. AldersonCriminal Court of the City of New York · 1989
- State of Iowa v. Derek KriegerCourt of Appeals of Iowa · 2019
- State v. BerkeyNew Jersey Superior Court Appellate Division · 1993