Opinion
June 8, 2001.
(Appeal from Judgment of Ontario County Court, Harvey, J. — Burglary, 2nd Degree.)
PRESENT: PIGOTT, JR., P.J., PINE, WISNER, KEHOE AND BURNS, JJ.
Judgment unanimously affirmed.
Memorandum:
The evidence is legally sufficient to establish that the burglarized premises constituted a "dwelling" as defined in Penal Law § 140.00 (3) ( see, Penal Law § 140.25; People v. Hodgins, 277 A.D.2d 911; People v. Windbush, 202 A.D.2d 527, 528, lv denied 83 N.Y.2d 878; see generally, People v. Quattlebaum, 91 N.Y.2d 744, 746-748). The sentence is not unduly harsh or severe.