Commonwealth v. Rudenko

After a jury-waived trial, a judge found the defendant guilty of breaking and entering in the nighttime with intent to commit a felony, see G. L. c. 266, § 16, and larceny over $250, see G. L. c. 266, § 30. On appeal from those convictions, the defendant argues that the Commonwealth (1) presented insufficient evidence, and (2) failed to prove that he broke and entered a “building” within the meaning of the statute. We disagree and affirm the convictions.

1. Sufficiency of the evidence. As related in the Commonwealth’s case at trial, Gary Coleman, a Home Depot employee, arrived at the West…