140.20.

Burglary in the third degree

A person is guilty of burglary in the third degree when he knowingly enters or remains unlawfully in a building with intent to commit a crime
therein.
Building - 140.00 says "Building," in addition to its ordinary meaning, includes any structure, vehicle or watercraft used for
overnight lodging of persons, or used by persons for carrying on business therein, or used as an elementary or secondary school, or
an inclosed motor truck, or an inclosed motor truck trailer. Where a building consists of two or more units separately secured or
occupied, each unit shall be deemed both a separate building in itself and a part of the main building
o Is statute itself good enough??

Knowingly enters

Remains unlawful
140.00(5) A license or privilege to enter or remain in a building which is only partly open to the public is not a license or
privilege to enter or remain in that [***2] part of the building which is not open to the public.
People v. Lloyd Defendant reached the space behind the secretarys desk in the reception area and removed the personal
belongings of a secretary. Sufficient to establish that D entered and remained unlawful in the area he was found.
People v. Durecot entered the space behind the receptionists desk, a private area off limits to persons otherwise allowed to be in
the reception area, and took the receptionists purse. On these facts, the Appellate Division held that even if the defendant was
entitled to enter the public areas of the building, the evidence was sufficient to prove that he was guilty of the crime of third degree
burglary.
People v. Terry - defendant entered unlocked state offices, which were not open to the public, entered the victims cubicle, and
removed her wallet from her purse. There was ample evidence, however, that these offices were not open to the public and simply
because a door is left unlocked does not preclude finding that an entry was unlawful
Fuller v. Schultz left the public areas to which an outside messenger could be expected to have access when he entered the office
without permission. Accordingly, he remained behind unlawfully to commit a crime.

140.25. Burglary in the second degree

A person is guilty of burglary in the second degree when he knowingly enters or remains unlawfully in a building with intent to commit a
crime therein, and when:

o
o

1. Irrelevant
2. The building is a dwelling.
Dwelling defined in 140.00(3) means a building which is usually occupied by a person lodging therein at night
People v. Ryan - When a portion of a building is utilized for overnight lodging that building is considered to be a dwelling pursuant
to the meaning of the N.Y. Penal Law 140.00(2)
6-61 New York Criminal Practice 61.02 - the definition of a dwelling was expanded to occupied by a person lodging therein
overnight, whether or not the person is present at the time of the unlawful entry. But its has to be used for the purpose of lodging.
People v. Quattlebaum, 91 N.Y.2d 744 (lexis) - In this case, the court applied three step test to determine dwelling of a place.
One court has identified three factors useful in determining whether the frequency and character of occupancy is sufficient to
establish that the building is a dwelling; these factors are (1) the nature of the structure, that is, its adaptation at the time of the entry
to occupancy by a person, (2) the intent of the owner to return and (3) whether, at the time of entry, a person could have occupied
the structure overnight.
o A dwelling does not lose its character as a dwelling based on the temporary absence of its occupant