People v. Chapman

OPINION OF THE COURT

Martin Marcus, J.

In this case, the People allege that the defendant unlawfully entered two railway boxcars and stole property from them. *1046Based on this conduct, the defendant has been charged with, among other crimes, two counts of burglary in the third degree (Penal Law § 140.20). In order for this conduct to constitute the crime of burglary, each of the boxcars in question must be a "building” within the meaning of Penal Law § 140.00 (2). Because it is clear that the Legislature specifically intended otherwise, the burglary charges against the defendant may not stand.

In…