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People v. McCray, 118

Defendant's conviction and sentence for two counts of second-degree burglary are affirmed, where: 1) generally, if a building contains a dwelling, a burglary committed in any part of that building is the burglary of a dwelling; 2) an exception exists where the building is large and the crime is committed in a place so remote and inaccessible from the living quarters that the special dangers inherent in the burglary of a dwelling do not exist; here, 3) the evidence supports defendant's conviction on two counts of second-degree burglary because the building at issue qualifies as a dwelling; and 4) defendant's claim that he was improperly sentenced lacks merit.

Appellate Information

  • Decided 06/12/2014
  • Published 06/12/2014




  • Court of Appeals of New York


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