Commercial Building Was a Dwelling for Purposes of Burglary Charge

March 31, 2011

LVT Number: #23269

A defendant asked the court to vacate a burglary conviction after he pleaded guilty and lost his appeal. He claimed that his guilty plea and conviction were unlawful because he robbed a store in a commercial building that wasn't a dwelling within the meaning of Penal Law Section 140.00(3). The court ruled against the defendant. A long-term squatter lived in unfinished space in the building. This made the building a dwelling within the meaning of the Penal Law. The defendant failed to show ineffective assistance of counsel.

A defendant asked the court to vacate a burglary conviction after he pleaded guilty and lost his appeal. He claimed that his guilty plea and conviction were unlawful because he robbed a store in a commercial building that wasn't a dwelling within the meaning of Penal Law Section 140.00(3). The court ruled against the defendant. A long-term squatter lived in unfinished space in the building. This made the building a dwelling within the meaning of the Penal Law. The defendant failed to show ineffective assistance of counsel. He could have been convicted of a greater crime and received a greater sentence at trial.

Lucas v. Conway: Index No. 08 Civ. 8405, NYLJ No. 1202484336001 (SDNY; 2/25/11; Swain, J)

Topics

More like this