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PEOPLE v. GAINES

74 N.Y.2d 358 (1989)

The People of the State of New York, Respondent, v. Cornelius Gaines, Appellant.

Court of Appeals of the State of New York.

Decided October 24, 1989.

Attorney(s) appearing for the Case

Edward J. Nowak, Public Defender (Howard K. Broder of counsel), for appellant.

Howard R. Relin, District Attorney (Elizabeth Clifford of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.

KAYE, J.

The felony of third degree burglary occurs when a person "knowingly enters or remains unlawfully in a building with intent to commit a crime therein." (Penal Law § 140.20.) The issue before us is whether, in this case of unlawful entry, the jury should have been instructed that they must find defendant's intent to commit a crime in the building existed at the

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