State v. Berkey

IMBRIANI, P.J.Cr.

The issue in this case is whether a person who is not a tenant in a garden apartment complex can be charged with burglary if he enters the laundry room in the basement of one of the apartment buildings with the purpose to commit an offense therein by stealing money from coin-operated machines. N.J.S.A 2C:18-2 defines burglary as the entry into a structure with the intent to commit an offense therein “unless the structure was at the time open to the public or the actor is licensed or privileged to enter.”

For purposes of this motion to dismiss the charge of burglary the…