People v. Salemme

Opinion

SCOTLAND, J.

This case poses the question whether defendant’s alleged entry into the home of an intended victim for the purpose of selling fraudulent securities constituted burglary. Defendant contends it did not because the purpose of our state’s burglary statutes is “to protect against dangers inherent in intrusion” and, on the facts of this case, “there could be no danger from the mere entry of [the victim’s] residence [for the purpose of selling fraudulent securities].” The People retort that defendant committed burglary when he entered the victim’s residence to commit a felony,…