¶1Judgment 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).
¶2Concur: Chief Judge Desmond and Judges Dye, Fuld, Van Voorhis, Burke, Scileppi and Bergan.