New York Penal - Article 140 - § 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.
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Last modified: February 15, 2014