Unit 7 Assignment Irac Paradigm

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Crystal L’Shae Smith Introduction to Legal Analysis and Writing: IRAC Paradigm PA205: Class Section 03 August 28, 2012 IRAC Paradigm: Arthur Constable Case Issue: The issue is whether Timberline Stamps constitutes a dwelling; the store has a backroom that was inhabited by the owner, Norman Timberline and his college nephew. The backroom contained a cot, sink, shower, toilet, closet, hot pate, and a small refrigerator. Rule Statement: The rule that governs this case is N.Y. Penal Law §140.00(3) (McKinney 1998). This statute defines dwelling as “a building which is usually occupied by a person lodging therein at night. This language is deemed to encompass a structure that is adapted for overnight accommodations and usable for such accommodations on the day of the crime. Such a structure will qualify as a dwelling even if the structure was not occupied on the day of the burglary, provided that the resident intends to return. Rule Explanation: Homeowners were absent from their residence for a year, due to a work related transfer. A house was considered a dwelling where the facts showed that the owners were coincidentally planning to return, shortly after the burglary. People v. Sheirod, 510 N.Y.S.2d 945, 948(App. Div. 1987) see also People v. Ferguson, 727 N.Y.S.2d 790, 794 (App. Div. 2001) In these two cases the holding concluded that the sorority house was a dwelling because, even though the house was vacant during the summer during the time of the crime, sorority members planned to return and take up residence in the fall. Contrastingly, a seven story school building was not considered a dwelling. Although, the upper level offices contained two beds that were used for overnight stays twenty to thirty times per year by
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