PEOPLE v. JAMES

Contrary to defendant's unpreserved claim, the trial court did not constructively amend the indictment and enlarge the People's theory of burglary by instructing the jury that the term "building" included the separate units within. Under Penal Law § 140.00 (2), the term "building" encompasses the individual offices within the physical building and the People's Bill of Particulars specified that defendant knowingly possessed property stolen from inside certain offices at 44 Wall Street.

Concur — Carro, J.P., Rosenberger, Wallach, Kupferman and Tom, JJ.