Legal Question in Criminal Law in New York

In regards to Burglary in the 3rd degree in NY, would it constitute burglary if someone allegedly was growing cannabis on the deck attached to the outside of an abandoned, vacated house that had a fire with nothing inside of any value whatsoever? The house was empty. And, there was no staircase attached to the deck to access it. So he/she used a ladder to get on to the deck to allegedly facilitate the crime of unlawful growing cannabis. The person was caught red handed by the police with the plants on the deck. Would entering the deck be considered the same as entering the house in another words? Does this constitute Burglary 3rd degree in NY State or not??


Asked on 1/03/13, 2:00 am

1 Answer from Attorneys

Arkady Bukh Bukh Law Firm, P.C.

It sounds like this would be Burglary in New York. Probably in the third degree, but that all depends on all of the facts. There might well be growing a controlled substance there also.

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Answered on 1/06/13, 8:24 pm


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