People v. Gaines

OPINION OF THE COURT

Kaye, J.

The felony of third degree burglary occurs when a person "knowingly enters or remains unlawfully in a building with intent to commit a crime therein.” (Penal Law § 140.20.) The issue before us is whether, in this case of unlawful entry, the jury should have been instructed that they must find defendant’s intent to commit a crime in the building existed at the *360time of the entry, or whether no such instruction need have been given, because the "remains unlawfully” element of the statute means that such intent may be formed after defendant’s unlawful entry. We…