Court of Appeals of New York

Sufficient evidence existed that the house defendant entered unlawfully was a dwelling under Penal Law 140.25(2), when its sole occupant passed away three days prior to defendant's entry. Defendant was not entitled to instruction on a lesser-included third-degree burglary offense.

Appellate Information

• Decided 02/20/2003
• Published 02/20/2003

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Court

• Court of Appeals of New York

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