N.Y. Penal Law § 140.30: Burglary in the first degree

§ 140.30 Burglary in the first degree.

A person is guilty of burglary in the first degree when he knowingly

enters or remains unlawfully in a dwelling with intent to commit a crime

therein, and when, in effecting entry or while in the dwelling or in

immediate flight therefrom, he or another participant in the crime:

1. Is armed with explosives or a deadly weapon; or

2. Causes physical injury to any person who is not a participant in

the crime; or

3. Uses or threatens the immediate use of a dangerous instrument; or

4. Displays what appears to be a pistol, revolver, rifle, shotgun,

machine gun or other firearm; except that in any prosecution under this

subdivision, it is an affirmative defense that such pistol, revolver,

rifle, shotgun, machine gun or other firearm was not a loaded weapon

from which a shot, readily capable of producing death or other serious

physical injury, could be discharged. Nothing contained in this

subdivision shall constitute a defense to a prosecution for, or preclude

a conviction of, burglary in the second degree, burglary in the third

degree or any other crime.

Burglary in the first degree is a class B felony.