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Arthur Constable

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Submitted By vap1972
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Issue: Is the Timberland Stamps store considered a “dwelling” under the N.Y. Penal Law during the time of Arthur Constable’s burglary?
Rule: “Dwelling” means a building which is usually occupied by a person lodging therein at night. N.Y. Penal Law § 140.00(3) (McKinney 1998)
Analysis: Mr. Timberline, the owner of the Timberland Stamps, does have a room set up in the back that has a kitchen, bath and sleeping facilities that his nephew Norman Timberline used the previous summer but will not return. Mr. Timberline himself stays in the back room on occasion. Not more than two times a month. In People v. Sheirod, 510 N.Y.S.2d 945, 948 (App. Div. 1987) The home was considered a “dwelling” since the homeowners intended on returning home after being gone for a year due to a work-related transfer. In People v. Ferguson, 727 N.Y.S.2d 790, 794 (App. Div. 2001) Even though the sorority house was vacant during the summer months it was still considered a “dwelling” because the members of the sorority would be returning when the school re-opened in the fall. However, a seven-story school building with beds in the upper-level offices that are used about twenty to thirty times a year for overnight stays by different visitors does not qualify as a “dwelling”. People v. Quattlebaum, 675 N.Y.S.2d 585, 586 (1998).
Conclusion: Comparing the information provided about the backroom in the Timberland Stamps store to the Sheirod and Ferguson case, it does not seem that the store is considered a “dwelling”. It is in more comparison with the Quattlebaum case and the court will most likely rule that at the time of the crime the Timberland Stamps store was not a “dwelling”.

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