New York Court of Appeals

The People of the State of New York, Respondent v. Earl Barney, Appellant

February 20, 200399 N.Y.2d 367

Summary

The New York Court of Appeals affirmed the conviction for second‑degree burglary, holding that there was sufficient evidence the house remained a dwelling despite the occupant's death, and that the trial court was correct in refusing a lesser‑included offense instruction.