People v. Mincione

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

The issue on appeal is whether the van involved in this crime, used by a greenhouse construction company primarily to transport workers, materials and tools, is a "building” within the meaning of the burglary statutes. The definition of a "building” found in Penal Law § 140.00 (2) includes an *997"inclosed motor truck” and a "vehicle * * * used by persons for carrying on business therein”.

We conclude that the van in question meets the statutory definition of a building because it may be considered either an…