N.Y. Penal Law Section 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.

Source: Section 140.30 — Burglary in the first degree, https://www.­nysenate.­gov/legislation/laws/PEN/140.­30 (updated Sep. 22, 2014; accessed Feb. 28, 2026).

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Verified:
Feb. 28, 2026

Last modified:
Sep. 22, 2014

§ 140.30. Burglary in the first degree's source at nysenate​.gov

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