In re Orneil F.
Opinion of the Court
The court’s finding as to criminal trespass and attempted petit larceny was based on legally sufficient evidence and was not against the weight of the evidence (People v Bleakley, 69 NY2d 490, 495 [1987]). The evidence established that, after being told to leave, appellant unlawfully remained upon real property that was enclosed by a fence. The evidence also supports the conclusion that appellant attempted to steal a bicycle.
However, the burglary finding was based on insufficient evidence because the fenced-in outdoor storage lot adjoining a store did not qualify as a “building” as defined by Penal Law § 140.00 (2). There was no evidence to support a conclusion that this storage lot resembled, or was analogous to, the roofed vestibule or entranceway described in People v King (61 NY2d 550, 555 [1984]). Concur—Buckley, EJ., Saxe, Williams, Sweeny and Malone, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.