Court's Examination of the Common Area Nature to Decide Whether Access Was Restricted
In People v. Garriga, 189 A.D.2d 236, 596 N.Y.S.2d 25 (1st Dept. 1993), the Court's decision did not rest on whether access into the building was restricted by locked door.
Instead, the Court's decision focused exclusively on the nature of the common area in question, noting that such areas were "not simply passed through during ingress and egress," or for "recreational and similar activities" but were "shared for eating and bathing purposes essential to daily living." Id at 241 (quoting People v. Bargeman, 92 Misc.2d 173,176 [Sup. Ct. N.Y. Co. 1977]).