Defendant's claim that the evidence was insufficient to prove burglary in the second degree since the premises he was accused of entering was a warehouse, not a dwelling, is without merit, there being overwhelming evidence that families use at least two floors of the building in which the warehouse is located as overnight lodgings, making the warehouse part of a "dwelling" within the meaning of Penal Law § 140.00 (3) (see, People v Dwight,
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PEOPLE v. PAUL
204 A.D.2d 205 (1994)
612 N.Y.S.2d 133
The People of the State of New York, Respondent, v. Eugene Paul, Also Known as Samuel Page, Appellant
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
May 24, 1994
May 24, 1994
Appellate Division of the Supreme Court of the State of New York, First Department.
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