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Building Which Included Residential (Hotel) and Non-Residential Sections Constituted a “Dwelling” Supporting Defendant’s Conviction for Burglary in the Second Degree

The Court of Appeals, in a full-fledged opinion by Judge Smith, determined that the entry of a building with included residential and non-residential sections, constituted burglary of a “dwelling” supporting burglary in the second degree.

We last confronted this question long ago, in Quinn v People (71 NY 561 [1878]). That case established a rule that we reaffirm today: Generally, if a building contains a dwelling, a burglary committed in any part of that building is the burglary of a dwelling; but an exception exists where the building is large and the crime is committed in a place so remote and inaccessible from the living quarters that the special dangers inherent in the burglary of a dwelling do not exist. Applying that rule to this case, we hold that the evidence supports defendant's conviction on two counts of second-degree burglary. People v McCray, 2014 NY Slip Op 04232, CtApp 6-12-14

 

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