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140.25 – Burglary in the second degree

§ 140.25 Burglary in the second degree.

A person is guilty of burglary in the second degree when he knowingly
enters or remains unlawfully in a building with intent to commit a crime
therein, and when:

  1. In effecting entry or while in the building or in immediate flight
    therefrom, he or another participant in the crime:
    (a) Is armed with explosives or a deadly weapon; or
    (b) Causes physical injury to any person who is not a participant in
    the crime; or
    (c) Uses or threatens the immediate use of a dangerous instrument; or
    (d) Displays what appears to be a pistol, revolver, rifle, shotgun,
    machine gun or other firearm; or
  2. The building is a dwelling.

    Burglary in the second degree is a class C felony.

Criminal Laws NY