People v. Lafond

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Egitto, J.), rendered December 14, 1992, convicting him of murder in the second degree and burglary in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that the People’s case rested solely on the theory that he had unlawfully entered into a dwelling, and thus it was reversible error for the court to charge the portion of Penal Law § 140.30 which imposes liability for "remaining] unlawfully” there (see, People v Gaines, 74 NY2d 358). This…