People v. Brown

The defendant argues that the evidence of his guilt of burglary in the second degree was legally insufficient since the People failed to prove that he entered the dwelling of the complainants. We agree. A person is guilty of burglary in the second degree when he or she knowingly enters or remains unlawfully in a building with the intent to commit a crime therein, and the building is a dwelling (see Penal Law § 140.25 [2]). Entry is established when the person or any part of his or her body intrudes within the building (see People v King, 61 NY2d 550 [1984]; People v Daye, 150 AD2d 481…