People v. Ludlowe

OPINION OF THE COURT

Nicholas A. Clemente, J.

Defendant moves to reargue the denial of a motion to dismiss the indictment as it pertains to a count therein charging burglary in the first degree, contending that the evidence before the Grand Jury was not legally sufficient to establish the commission of the offense charged.

The motion to reargue is granted and upon reargument, the court adheres to its original determination for the reasons which are hereinafter set forth.

Section 140.30 of the Penal Law provides as follows: “A person is guilty of burglary in the first degree when he knowingly…