People v. Mccarron

—Appeal by defendant from a judgment of the County Court, Suffolk County (Copertino, J.), rendered July 26, 1983, convicting him of burglary in the second degree, upon a jury verdict, and imposing sentence.

Judgment affirmed.

Viewing the evidence in the light most favorable to defendant (People v Martin, 59 NY2d 704, 705-706), there is no reasonable view of the evidence which would support a factual finding that defendant committed a burglary but that the premises was not a dwelling under Penal Law § 140.00 (2), (3) (see, e.g., People v Ivory, 99 AD2d 154).

The uncontroverted evidence indicated…