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PEOPLE v. McCRAY

No. 118

23 N.Y.3d 621 (2014)

16 N.E.3d 533

992 N.Y.S.2d 475

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LIONEL McCRAY, Appellant.

Court of Appeals of New York.

Decided June 12, 2014.

Attorney(s) appearing for the Case

Stanley Neustadter , Cardozo Appeals Clinic, New York City ( Mark M. Baker of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Sheryl Feldman and Alan Gadlin of counsel), for respondent.

Chief Judge LIPPMAN and Judges GRAFFEO, READ, PIGOTT, RIVERA and ABDUS-SALAAM concur.

OPINION OF THE COURT

SMITH, J.

A person commits burglary in the third degree when he or she "knowingly enters or remains unlawfully in a building with intent to commit a crime therein" (Penal Law § 140.20). If the building is a "dwelling," however, the crime is a more serious one, burglary in the second degree (Penal Law § 140.25 [2]). The question in this case is whether a burglary committed in...

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