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People v. Dennis

Appellate Division of the Supreme Court of New York, Second Department
Sep 25, 1995
219 A.D.2d 733 (N.Y. App. Div. 1995)

Opinion

September 25, 1995

Appeal from the Supreme Court, Queens County (Kohm, J.).


Ordered that the judgment is affirmed.

The defendant's challenge to the legal sufficiency of the evidence establishing that the house was a "[d]welling", pursuant to Penal Law § 140.00 (3), is not preserved for appellate review (see, CPL 470.05). In any event, viewing the evidence in the light most favorable to the People, we find that it was legally sufficient to establish that the house was a "[d]welling", which is defined as "a building which is usually occupied by a person lodging therein at night" (Penal Law § 140.00; People v Contes, 60 N.Y.2d 620; People v Windbush, 202 A.D.2d 527).

The defendant's remaining contentions are without merit. O'Brien, J.P., Santucci, Joy and Goldstein, JJ., concur.


Summaries of

People v. Dennis

Appellate Division of the Supreme Court of New York, Second Department
Sep 25, 1995
219 A.D.2d 733 (N.Y. App. Div. 1995)
Case details for

People v. Dennis

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH DENNIS…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Sep 25, 1995

Citations

219 A.D.2d 733 (N.Y. App. Div. 1995)
631 N.Y.S.2d 734