People v. Scruggs

Judgment of the Supreme Court, Kings County, rendered March 21, 1967, reversed, ion the law and in the interests of justice, and new trial ordered. The findings of fact below are affirmed. In our opinion, the trial court erred in refusing to charge the jury on the crime of unlawful entry. There is some basis in the evidence upon which the jury could have found the accused innocent of burglary and yet guilty of unlawful entry, namely, his statement to the police at the scene that he had been invited into the apartment (People V. Maliwe, 21 N Y 2d 26). Furthermore, we believe the court…