People v. Hudson

*190OPINION OF THE COURT

David D. Egan, J.

This is a motion of the defendant to dismiss charges of burglary and larceny as a matter of law on the ground that one spouse cannot commit a burglary or larceny from the other.

Defendant contends that since the victim is his wife, her apartment (rented by her after physical separation from the defendant) and her television set (also rented by her after the physical separation) are marital property under Domestic Relations Law § 236 (B) (1) (c). He then reasons that he cannot therefore be convicted citing Penal Law § 155.00 (5) "[a] joint or common owner of…