People v. Kirkland

Judgment modified as a matter of discretion in the interest of justice and as modified affirmed and matter remitted to Monroe County Court for further proceedings, in accordance with the following memorandum: We reverse defendant’s conviction of burglary in the second degree, in this case of unlawful entry, and grant a new trial because the trial court committed reversible error when it included the "or remains” language in its charge to the jury on burglary in the second degree (see, People v Gaines, 74 NY2d 358, 363; People v Santiago, 158 AD2d 996, lv denied 75 NY2d 970). Here, the court…