PEOPLE v. MINCIONE


66 N.Y.2d 995 (1985)

The People of the State of New York, Respondent, v. Joseph Mincione, Appellant.

Court of Appeals of the State of New York.

Decided December 19, 1985.


Attorney(s) appearing for the Case

Robert S. Dean and Philip L. Weinstein for appellant.

Robert M. Morgenthau, District Attorney (Donald J. Siewert of counsel), for respondent.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE, ALEXANDER and TITONE concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

The issue on appeal is whether the van involved in this crime, used by a greenhouse construction company primarily to transport workers, materials and tools, is a "building" within the meaning of the burglary statutes. The definition of a "building" found in Penal Law § 140.00 (2) includes an "inclosed...

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