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Essay / Research Paper Abstract
This 3 page paper provides an overview of a fictitous case in which the defendant was convicted of the crime of second-degree burglary after it was proven that he broke into a single family residence at night and stole property from the residence. This paper considers the application of specific case law. Bibliography lists 3 sources.
Page Count:
3 pages (~225 words per page)
File: MH11_MHburglaw.doc
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Unformatted sample text from the term paper:
but there was no one permanently residing in the home for some time. The Defendant petitioned for the lesser charge of burglary in the third degree, based on the
claim that this was not a residence, and further appealed his conviction based on his contention that the lesser crime of burglary should have been submitted to the jury.
The case of People v. Barney, 99 N.Y.2d 367 (2003), has been used as a means of showing that even if people are not presently residing in a home,
that it can still be deemed a dwelling, thus warranting the use of the second degree burglary charge defined in relation to theft from a dwelling (N.Y. Penal Law ?
140.00[3]). This case is the most analogous with the instant case because the resident being burglarized was clearly a dwelling in which individuals had intended to be occupying the
residence, even if there was a period of time when they were not. Second-degree burglary is a charge applied to individuals who burglarize residences, while the less charge of burglary
in the third degree is applied when individuals burglarize other buildings. In the other cases, People v. Quattlebaum, 91
N.Y.2d 744 (1998) and People v. Murray, 278 A.D.2d 898 (2000), the place that had been burglarized was did not fit the definition of a dwelling that was currently
inhabited in a permanent sense. In the case of Quattlebaum, the building that was burglarized, the Convent School of the Religious of the Sacred Heart in Manhattan, had a
room that had a bed where a guest could sleep, but the building was rarely inhabited more than two dozen times a year, and the room was not meant for
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