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People v. Ray

Court of Appeals of the State of New York
Nov 24, 1965
213 N.E.2d 322 (N.Y. 1965)

Opinion

Argued October 21, 1965

Decided November 24, 1965

Appeal from the Supreme Court in the Second Judicial Department, ALBERT McGROVER, J.

Marvin H. Leicher and Harold M. Hershman for appellant.

Frank D. O'Connor, District Attorney ( Benj. J. Jacobson and Eileen M. Thornton of counsel), for respondent.


Judgment reversed and information dismissed. On the vital question in the case whether the entry into the laundry room of the apartment building project in which appellant was a tenant was with an intent to commit a crime, the proof is equivocal. It does not exclude an innocent purpose beyond a reasonable doubt ( People v. Fitzgerald, 156 N.Y. 253; People v. Weiss, 290 N.Y. 160).

Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN.


Summaries of

People v. Ray

Court of Appeals of the State of New York
Nov 24, 1965
213 N.E.2d 322 (N.Y. 1965)
Case details for

People v. Ray

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM RAY, Appellant

Court:Court of Appeals of the State of New York

Date published: Nov 24, 1965

Citations

213 N.E.2d 322 (N.Y. 1965)
213 N.E.2d 322
265 N.Y.S.2d 914