PEOPLE v. CUMMINGS

1263, 1640/06, 4158/06.

66 A.D.3d 571 (2009)

887 N.Y.S.2d 89

2009 NY Slip Op 7510

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ELIJAH CUMMINGS, Appellant.

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

Decided October 22, 2009.


Defendant, who was convicted of burglary in connection with his theft of loaded pistols and other property from a police station locker room, argues that the evidence is legally insufficient to support a second-degree burglary conviction because the police station was not a dwelling (see Penal Law § 140.00 [3]; § 140.25 [2]). This contention is unpreserved and we decline to review it in the interest of justice. We note in this regard that defendant not only...

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