§ 140.25 Burglary in the second degree.\n A person is guilty of burglary in the second degree when he knowingly\nenters or remains unlawfully in a building with intent to commit a crime\ntherein, and when:\n 1. In effecting entry or while in the building or in immediate flight\ntherefrom, he or another participant in the crime:\n (a) Is armed with explosives or a deadly weapon; or\n (b) Causes physical injury to any person who is not a participant in\nthe crime; or\n (c) Uses or threatens the immediate use of a dangerous instrument; or\n (d) Displays what appears to be a pistol, revolver, rifle, shotgun,\nmachine gun or other firearm; or\n 2. The building is a dwelling.\n Burglary in the second degree is a class C felony.\n
N.Y. Penal Law § 140.25
Burglary in the second degree
Applied in 199 court decisions — leading case People v. Cahill
Most recently applied in 87 Misc. 3d 135 - People v. Blakely (Tayquan) (December 2025)
2014-09-22
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.