People v. Cobb

—Order, Supreme Court, Bronx County (Antonio Brandveen, J.), entered July 8, 1991, which granted defendant’s motion to dismiss the indictments, unanimously affirmed. The appeal from the purported order of the same court rendered on the record January 31, 1991 is unanimously dismissed as superceded by the appeal from the order of July 8, 1991.

The trial court correctly held that the cooler defendant allegedly broke into to steal beer from was not a "building” within the definition of Penal Law § 140.00 (2). While the cooler may have been used for business purposes, there is no evidence that…