N.Y. Penal Law § 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.