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THE PEOPLE OF THE STATE OF NEW YORK, Appellant-Respondent, v. MACIO ENNIS, Respondent-Appellant.

Order affirmed. With respect to the People's appeal, in the absence of proof by the prosecution of the character of the basement area, there was a failure of proof to support the conviction of burglary. No opinion.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.

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PEOPLE v. ENNIS
(Feb 10, 1972)