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PEOPLE v. FELICIANO

253 A.D.2d 664 (1998)

680 N.Y.S.2d 79

The People of the State of New York, Respondent, v. Antonio Feliciano, Appellant

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

September 22, 1998

Since the fence in question was not, under the circumstances, part of a "building" (Penal Law § 140.00 [2]), the supplemental charge concerning the definition of a "building" was erroneous. However, such error was harmless in light of the overwhelming evidence of defendant's guilt of attempted burglary of the actual building in question, including his being found in possession of bolt cutters while at the top of the fence and...

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