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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES DI VITO, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

Judgments of the Court of Special Sessions of the City of New York, Borough of Brooklyn, convicting the appellants of violating section 405 of the Penal Law (unlawful entry), reversed on the law and the facts, the information as against them dismissed and bail exonerated. The proof was insufficient to establish that the defendants entered the premises, No. 397 State Street, Brooklyn, with intent to commit a crime. Nolan, P.J., Carswell, Johnston, Wenzel and MacCrate, JJ., concur.

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PEOPLE v. DI VITO
(Nov 21, 1949)