People v. Bneses

Defendant, one of approximately 200 individuals charged with burglary in the third degree, in connection with alleged looting activity during the blackout of July 13 and 14, 1977, has moved to dismiss the indictment for legal insufficiency.

The indictments in virtually all these cases contain essentially the same language, differing only in time and place. The purported defect is that, while the indictments follow statutory language in charging entry "with intent to commit a crime” (Penal Law, § 140.20), the indictments do not particularize which crime was intended. Since the indictments do…