People v. Wright

Judgment reversed, on the law, and indictment dismissed, with leave to the People to resubmit the charges to another Grand Jury. Memorandum: The indictment charging defendant with burglary in the third degree in violation of Penal Law § 140.20 alleged that defendant "knowingly entered or remained in a building, to wit, 19 Henry Street, with intent to commit a crime therein”, thus omitting the allegation that the entry was unlawful, a necessary element of the crime. That defendant challenges the indictment on this ground for the first time on appeal is of no moment. "It is a fundamental and…