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PEOPLE v. CHAPMAN

160 Misc.2d 1045 (1994)

611 N.Y.S.2d 991

The People of the State of New York, Plaintiff, v. Kenneth Chapman, Defendant.

Supreme Court, Bronx County.

April 13, 1994

Attorney(s) appearing for the Case

Legal Aid Society, Bronx (Michael Forcino of counsel), for defendant. Robert T. Johnson, District Attorney of Bronx County (Jeane Strickland-Smith of counsel), for plaintiff.

MARTIN MARCUS, J.

In this case, the People allege that the defendant unlawfully entered two railway boxcars and stole property from them. Based on this conduct, the defendant has been charged with, among other crimes, two counts of burglary in the third degree (Penal Law § 140.20). In order for this conduct to constitute the crime of burglary, each of the boxcars in question must be a "building" within...

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