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.