People v. Hutchinson

OPINION OF THE COURT

Rena K. Uviller, J.

At the conclusion of the evidence at defendant’s trial for burglary and related crimes, he has moved to dismiss the burglary counts on the ground that there was legally insufficient evidence that he had entered or remained unlawfully in the complainant’s apartment. (CPL 290.10.) The motion raises two questions about the meaning of the phrase “enters or remains unlawfully”, contained in the criminal trespass and burglary provisions of the Penal Law. (Penal Law, §§ 140.05, 140.30, 140.00, subd 5.)

The first question, whether entry by trick or fraud…