New York Consolidated Laws, Penal Law - PEN § 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.


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