State v. Marc A. Olivero (073364)

“A person is guilty of burglary if, with purpose to commit an offense therein or thereon he ... enters a structure.” N.J.S.A. 2C.18-2. This case turns on whether a locked, fenced-in parking lot used for storage by the adjacent manufacturing facility constitutes a “structure,” as defined by N.J.S.A 2C:18-1, that is, whether it is a “place adapted ... for carrying on business.”

Defendant Marc A. Olivero was convicted of third-degree burglary. On appeal, he argued that a reasonable jury could not find that he entered a “structure” as defined by N.J.S.A 2C:18-1. The Appellate Division affirmed…