People v. O'CONNOR

14 N.Y.2d 62 (1964)

The People of the State of New York, Appellant-Respondent,

v.

James A. O'Connor, Respondent-Appellant.

Court of Appeals of the State of New York.

Argued January 6, 1964.

Decided February 27, 1964.

Thomas J. Mazza for appellant.

Frank S. Hogan, District Attorney (Joseph A. Phillips and H. Richard Uviller of counsel), for respondent.

Judges DYE, FULD, BURKE and SCILEPPI concur with Judge VAN VOORHIS; Judge BERGAN dissents in an opinion in which Chief Judge DESMOND concurs.

VAN VOORHIS, J.

Defendant was charged with unlawfully entering a building, petit larceny, and injury to property.…