The convictions arose from defendants' attempts to burglarize a 1981 Dodge van of approximately 1½ tons' capacity, used to transport cargo to and from the city's airports. The trial court set aside the convictions on the ground that the van did not fall within the definition of a "building" set forth in Penal Law § 140.00 (2). The Court of Appeals has since held that such a van "meets the statutory definition of a building because it may be considered either an...
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