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PEOPLE v. BROWN

Ind. No. 811/17. Appeal No. 15629. Case No. 2018-03479.

203 A.D.3d 666 (2022)

164 N.Y.S.3d 621

2022 NY Slip Op 02205

The People of the State of New York, Respondent, v. Jumel Brown, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 31, 2022.

Attorney(s) appearing for the Case

Caprice R. Jenerson, Office of the Appellate Defender, New York (Joseph M. Nursey of counsel), for appellant.

Alvin L. Bragg, Jr., District Attorney, New York (Sheila O'Shea of counsel), for respondent.

Concur—Renwick, J.P., Gesmer, Singh, Rodriguez, JJ.

Defendant's convictions under counts three and four of the indictment, regarding the 2017 thefts of laptop computers from the Physicians & Surgeons Building at Columbia University Medical Center, were not supported by legally sufficient evidence of the "dwelling" element of burglary in the second degree (see Penal Law § 140.00[3]). There was no evidence that patients stayed overnight in this building. The People's reliance on Penal Law § 140.00(2) is...

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