N.Y. Penal Law Section 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.

Source: Section 140.25 — Burglary in the second degree, https://www.­nysenate.­gov/legislation/laws/PEN/140.­25 (updated Sep. 22, 2014; accessed Jan. 17, 2026).

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Verified:
Jan. 17, 2026

Last modified:
Sep. 22, 2014

§ 140.25. Burglary in the second degree's source at nysenate​.gov

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