Ordered that the judgment is affirmed.
The defendant contends that the Supreme Court committed reversible error when, in its charge on burglary in the second degree, it instructed the jury on the portion of Penal Law § 140.25 that imposes liability for "remain[ing] unlawfully" in a dwelling. The defendant argues that this was improper since the People's case rested solely on the theory that he had unlawfully entered into the dwelling (see People v Gaines,...
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