The court properly instructed the jury, in regard to the statutory definition of "building" (Penal Law § 140.00 [2]), that no use-based qualification applies to the question of what constitutes an "inclosed motor truck". While the statutory phrase "used by persons for carrying on business therein" applies to the term "vehicle", it does not apply to the term "inclosed motor truck" set forth, in the disjunctive, later in the same subdivision (see, McKinney's Cons...
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