People v. Arroyo

Despite the fact that burglary in the second degree may be committed by either entering or remaining unlawfully on the premises (Penal Law § 140.25), the instant indictment charged that the defendant had "entered and remained unlawfully” (emphasis supplied). The trial court did not err, however, in instructing the jury that they could render a verdict of guilty upon either finding (see, People v Charles, 61 NY2d 321; People v Rooney, 57 NY2d 822). Nor did it abuse its discretion (see, People v Reising, 106 AD2d 522) in refusing to adjourn the imposition of sentence, since the information in…