New York Penal Law Section 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.

Last modified: February 3, 2019