PEOPLE v. JONES


50 A.D.2d 750 (1975)

The People of the State of New York, Respondent, v. Larry Jones, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

December 11, 1975


We affirm the assault conviction and the sentence imposed thereon. 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" (Penal Law, § 140.25). To "Enter or remain unlawfully" means that the person "is not licensed or privileged to do so. A person who, regardless of his intent, enters or remains in or upon premises which are at the time open to the public does so with license...

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