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PEOPLE v. LEWIS

5 N.Y.3d 546 (2005)

840 N.E.2d 1014

807 N.Y.S.2d 1

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CRAIG LEWIS, Appellant.

Court of Appeals of the State of New York.

Decided November 21, 2005.

Attorney(s) appearing for the Case

Center for Appellate Litigation, New York City (Carl S. Kaplan and Robert S. Dean of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (David M. Cohn and Mary C. Farrington of counsel), for respondent.

Before: Chief Judge KAYE and Judges G.B. SMITH, GRAFFEO, READ and R.S. SMITH concur with Judge CIPARICK; Judge ROSENBLATT dissents and votes to reverse in a separate opinion.

OPINION OF THE COURT

ROSENBLATT, J.

A key element of burglary, which elevates it from trespass, is the defendant's intent to commit a crime inside a building. A defendant who knowingly enters or remains unlawfully in a dwelling is guilty of second-degree trespass, a class A misdemeanor (Penal Law § 140.15). That crime is elevated to second-degree burglary when the defendant intends to commit a crime inside the dwelling (Penal Law § 140.25 [2])...

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