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PEOPLE v. COBB

198 A.D.2d 128 (1993)

604 N.Y.S.2d 54

The People of the State of New York, Appellant, v. Francis Cobb, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

November 18, 1993

The trial court correctly held that the cooler defendant allegedly broke into to steal beer from was not a "building" within the definition of Penal Law § 140.00 (2). While the cooler may have been used for business purposes, there is no evidence that business was carried on "therein" (see, People v O'Keefe, 80 A.D.2d 923). The trial court also correctly determined that both the bolt cutter allegedly used by defendant...

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