
    The People of the State of New York, Respondent, v. William Ray, Appellant.
    Argued October 21, 1965;
    decided November 24, 1965.
    
      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.  