Holding Court is a new series by retired Rye City Court Judge Joe Latwin. Latwin retired from the court in December 2022 after thirteen years of service to the City.
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By Joe Latwin
A man was arrested after unlawfully entering a Rye apartment and stealing ground beef, eggs and wine. The police allege the suspect accessed an open apartment window from one of the buildings’ fire escapes then reportedly entered the apartment without permission and stole wine, eggs, and ground beef. See: Highland Hall Ham-Burglar Arrested by Rye PD.
My first thought was he was going to make meatloaf! On reflection, however, I sensed something wrong. This behavior is not normal, even for burglars. I had cases before me when people entered a dwelling, did no harm or damage and thought they belonged where they weren’t supposed to be. The suspect might have been hallucinating or impaired by drugs and believed he was in his own apartment. The suspect may have a cognitive impairment and unable to know what he was doing. I suspect the Court will order an evaluation of the suspect to see what the motivation for these acts was. This person may need help more than punishment.
The suspect was arrested and transported to the City of Rye Police Headquarters for processing. He was arraigned in Rye City Court where he was released on $500 cash bail. The was charged with Burglary 2nd Degree, a class “C” felony and three counts of Petit Larceny, a class “A” misdemeanor.
A person is guilty of burglary in the second degree when he knowingly enters or remains unlawfully in a building with intent to commit a crime therein, and when: … 2. The building is a dwelling.
A person is guilty of petit larceny when he steals property. Burglary in the second degree is a bailable offense. Hence, the Court could and did fix bail.
The suspect is scheduled to return to Court on Tuesday. I do not expect anything significant to happen. The DA needs time to evaluate the case and make an offer, the defense needs to get the required discovery and time to evaluate any offer. The DA can present the case to a Grand Jury but it is too soon for that to happen. We will follow the case.
Lessons to be learned: Lock your doors and windows. Install alarms. Don’t intervene unless there is a threat. Call 911. Don’t leave meatloaf recipes on the counter. Make sure you have onion powder and bread crumbs.