2010 New York Code
PEN – Penal
Part 3 – Specific Offenses
Title I – OFFENSES INVOLVING DAMAGE TO AND INTRUSION UPON PROPERTY
Article 140 – BURGLARY AND RELATED OFFENSES (140.00 – 140.40)
§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.