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United States v. Eichman

756 F. Supp. 143 (1991)

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United States v. Eichman

United States District Court for the Southern District of New York
756 F. Supp. 143 (1991)

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Facts

Shawn Eichman and Joseph Urgo (defendants) went to the U.S. Armed Forces recruiting station at Times Square in New York City and climbed onto the roof. Eichman and Urgo poured motor oil over the roof and the building’s exterior signs, then lowered the building’s American flag and set it on fire. When arrested by police, Eichman and Urgo claimed that their actions were a symbolic protest of American foreign policy. Eichman and Urgo were indicted for multiple criminal offenses, one of which was burglary in the third degree. Eichman and Urgo moved to dismiss the burglary count, arguing that the government had no evidence that they had entered the four walls of the recruiting station and therefore could not satisfy the unlawful-entry element of burglary. The government believed that entry onto the building’s roof was sufficient and asked the court to rule on how the jury would be instructed regarding what constituted an entry. The United States District Court for the Southern District of New York considered the scope of the entry requirement.

Rule of Law

Issue

Holding and Reasoning (Sand, J.)

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