Legal Opinion
People v. Quattlebaum
New York Court of Appeals
Decided June 11, 1998PublishedCited by 26 opinions
1Opinion of the Court
OPINION OF THE COURT
Titone, J.
Today we determine whether a “dwelling” has been burglar ized if a person wrongfully enters the first floor offices of a school, where a fifth floor school office contains a bed that is used for an occasional overnight stay. We hold that such a building is not a dwelling within the definition of second degree burglary and reduce appellant’s conviction to third degree burglary, the burglary of a building that is not a dwelling.
The building at issue, the Convent School of the Religious of the Sacred Heart in Manhattan, has seven floors, two below grade and five…
2Cases cited10 opinions
- People v. SheirodAppellate Division of the Supreme Court of the State of New York · 1987
- Quinn v. . PeopleNew York Court of Appeals · 1878
- People v. LewocAppellate Division of the Supreme Court of the State of New York · 1984
- Johnson v. CommonwealthCourt of Appeals of Virginia · 1994
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1990
5 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- People v. BarneyNew York Court of Appeals · 2003
- People v. CummingsNew York Court of Appeals · 2011
- People v. DeFreitasAppellate Division of the Supreme Court of the State of New York · 2014
- People v. RiveraAppellate Division of the Supreme Court of the State of New York · 2003
- People v. FergusonAppellate Division of the Supreme Court of the State of New York · 2001
21 more not listed; retrieve them via the Exa API.