People v. Shackett

Judgment unanimously affirmed. Memorandum: Defendant was convicted of second degree burglary and petit larceny for unlawfully entering the *964victim’s private hospital room and stealing money from her wallet. The court properly charged the jury that the victim’s private hospital room was a dwelling because it was a unit the victim occupied for lodging at night (see, Penal Law § 140.00 [2], [3]; People v Ivory, 99 AD2d 154; People v Niepoth, 55 AD2d 970; see also, People v Germany, 41 Colo App 304, 586 P2d 1006). Since the proof established defendant’s conviction for second degree burglary…