The verdict was based on legally sufficient evidence. Defendant was properly convicted of two counts of second-degree burglary under Penal Law § 140.25 (2) based on his entries into a hotel's employee locker room and a museum located in the same building as the hotel.
Each location constituted a dwelling within the meaning of the burglary statute. A building is a dwelling if it is "usually occupied by a person lodging therein at night" (Penal Law § 140.00...
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