The code returns an error:
[color=#FF0000]Msg 3701, Level 11, State 5, Line 1
Cannot drop the table 'dbo.NullOperation', because it does not exist or you do not have permission.[/color]
The table is created using default schema which the contributor has assumed to be dbo (evident in the 'drop table dbo.NullOperation' statement). My default schema is not dbo!
Having said that, I still like the question because it has proven its point - the error occurred AFTER the empty recordset was returned by the select statement.