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PEOPLE v. QUATTLEBAUM

91 N.Y.2d 744 (1998)

698 N.E.2d 421

675 N.Y.S.2d 585

The People of the State of New York, Respondent, v. Tyrone Quattlebaum, Appellant.

Court of Appeals of the State of New York.

Decided June 11, 1998.

Attorney(s) appearing for the Case

Andrew E. Abraham, New York City, and Daniel L. Greenberg for appellant.

Robert M. Morgenthau, District Attorney of New York County, New York City (Rahul Kale and Norman Barclay of counsel), for respondent.

Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur.

TITONE, J.

Today we determine whether a "dwelling" has been burglarized if a person wrongfully enters the first floor offices of a school, where a fifth floor school office contains a bed that is used for an occasional overnight stay. We hold that such a building is not a dwelling within the definition of second degree burglary and reduce appellant's conviction to third...

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