People v. Powell

Memorandum: Defendant appeals from a judgment convicting him after a nonjury trial of burglary in the third degree (Penal Law § 140.20) and petit larceny (§ 155.25). In his main and pro se supplemental briefs, defendant contends that the evidence is not legally sufficient to support the conviction because, inter alia, the structure involved does not constitute a building within the meaning of the burglary statute. We reject that contention. “ ‘Building,’ in addition to its ordinary meaning, includes any structure . . . used by persons for carrying on business therein” (§ 140.00 [2]). It is…