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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.
Cite this article: FindLaw.com - New York Consolidated Laws, Penal Law - PEN § 140.25 Burglary in the second degree - last updated January 01, 2021 | https://codes.findlaw.com/ny/penal-law/pen-sect-140-25.html
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