PEOPLE v. GRAVES


76 N.Y.2d 16 (1990)

The People of the State of New York, Respondent, v. Donald Graves, Appellant.

Court of Appeals of the State of New York.

Decided May 3, 1990.


Attorney(s) appearing for the Case

David Epstein for appellant.

Charles J. Hynes, District Attorney (Keith Dolan, Jay M. Cohen and Peter A. Weinstein of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER and HANCOCK, JR., concur with Judge TITONE; Judge BELLACOSA dissents and votes to affirm in a separate opinion.


TITONE, J.

The primary issue in this appeal is whether the trial court properly charged that the "enter or remain unlawfully" element of the crime of burglary may be satisfied by proof that the defendant harbored a secret intent to commit a crime within the premises. We conclude that the instruction was erroneous in that it merged two entirely separate elements — entering unlawfully and acting with...

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