| People v McCray |
| 2013 NY Slip Op 00390 [102 AD3d 560] |
| January 24, 2013 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Lionel McCray, Appellant. |
—[*1] Cyrus R. Vance, Jr., District Attorney, New York (Caleb Kruckenberg of counsel),for respondent.
Judgment, Supreme Court, New York County (Patricia M. Nunez, J.), renderedSeptember 2, 2010, as amended October 28, 2010, convicting defendant, after a jurytrial, of two counts of burglary in the second degree, and sentencing him, as a secondfelony offender, to an aggregate term of 15 years, unanimously affirmed.
The verdict was based on legally sufficient evidence. Defendant was properlyconvicted of two counts of second-degree burglary under Penal Law § 140.25 (2)based on his entries into a hotel's employee locker room and a museum located in thesame building as the hotel.
Each location constituted a dwelling within the meaning of the burglary statute. Abuilding is a dwelling if it is "usually occupied by a person lodging therein at night"(Penal Law § 140.00 [3]). Where, as here, "a building consists of two or moreunits separately secured or occupied, each unit shall be deemed both a separate buildingin itself and part of the main building" (Penal Law § 140.00 [2]; see alsoPeople v Quattlebaum, 91 NY2d 744 [1998]).
It is of no consequence that the employee locker room of the hotel was not used forresidential purposes (see People v Dwight, 189 AD2d 566 [1st Dept 1993], lvdenied 81 NY2d 885 [1993]). Similarly, the museum, which was "under the sameroof" as the hotel, is a dwelling irrespective of whether there was "internalcommunication" between the two (Quattlebaum, 91 NY2d at 747).
The court's imposition of consecutive sentences was lawful. Defendant committedtwo [*2]separate and distinct acts of burglary because hisacts "impacted different victims, were separated by place and were temporallydifferentiated, though in part overlapping" (People v Brown, 80 NY2d 361, 364[1992]). Concur—Friedman J.P., Renwick, DeGrasse, Román, JJ.