Defendant argues, and the People concede, that the proof adduced at defendant's trial was insufficient to prove that defendant "entered" or "remained" in the building in question within the meaning of Penal Law § 140.25 (2). To sustain a burglary conviction, it must be established beyond a reasonable doubt that the defendant knowingly entered or remained unlawfully in a building — in the case at bar a dwelling — with the intent of committing a crime therein...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.