N.Y. Laws » CHAPTER Penal / PART Specific Offenses / TITLE Offenses Involving Damage to and Intrusion Upon Property / ARTICLE Burglary and Related Offenses
New York Consolidated Laws

N.Y. Penal Law § 140.25 (2026)

Burglary in the second degree

✓ current as of May 2026
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§ 140.25 Burglary in the second degree.
  A person is guilty of burglary in the second degree when he knowingly
enters or remains unlawfully in a building with intent to commit a crime
therein, and when:
  1. In effecting entry or while in the building or in immediate flight
therefrom, he or another participant in the crime:
  (a) Is armed with explosives or a deadly weapon; or
  (b) Causes physical injury to any person who is not a participant in
the crime; or
  (c) Uses or threatens the immediate use of a dangerous instrument; or
  (d) Displays what appears to be a pistol, revolver, rifle, shotgun,
machine gun or other firearm; or
  2. The building is a dwelling.
  Burglary in the second degree is a class C felony.
Notes of Decisions
Cited in 1,134 cases (114 in the last 5 years), 1982–2026 · leading case: People v. Cahill, 809 N.E.2d 561 (N.Y. 2003).
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People v. Cahill, 809 N.E.2d 561 (N.Y. 2003). · cites it 16× “Burglary is thus an aggravated form of criminal trespass, in which the aggravating factor is the trespasser's intent to commit a separate crime ( see People v Henderson, 41 NY2d 233 [1976]; see also CJI2d [NY] Penal Law § 140.25 [1] [b]). With that in mind, we may better…”
People v. Lewis, 840 N.E.2d 1014 (N.Y. 2005). · cites it 12× “That crime is elevated to second-degree burglary when the defendant intends to commit a crime inside the dwelling (Penal Law § 140.25 [2]). [1] This appeal implicates whether the violation of an order of protection may serve as the intended crime underlying a burglary.”
People v. Barney, 786 N.E.2d 31 (N.Y. 2003). · cites it 6× “First, was there legally sufficient evidence that the house defendant entered unlawfully was a dwelling within the meaning of Penal Law § 140.25 (2) when its sole occupant had passed away three days prior to the entry? Second, was defendant entitled to an instruction on the…”
People v. Lingle, 949 N.E.2d 952 (N.Y. 2011). · cites it 2× “People v Sharlow On October 31, 2000, Sharlow pleaded guilty to one count of burglary in the second degree (Penal Law § 140.25 [1]) and one count of petit larceny (Penal Law § 155.”
People v. Oram, 217 P.3d 883 (Colo. Ct. App. 2009). · cites it 2× “Code § 45-6-204(1) ("knowingly enters or remains unlawfully") N.Y. Penal Law § 140.25 ("knowingly enters or remains unlawfully") D.”
People v. Owusu, 712 N.E.2d 1228 (N.Y. 1999). · cites it 6× “30 [3] [use or threatened use of a dangerous instrument during the burglary of a dwelling]); four counts of burglary in the second degree (Penal Law § 140.25 [1] [b] [causing physical injury during burglary]; § 140.”
The People v. Ronel Joseph, 64 N.E.3d 957 (N.Y. 2016). · cites it 6× “Defendant was charged, by indictment, with one count each of burglary in the second degree (Penal Law § 140.25 [2]), burglary in the third degree (Penal Law § 140.”
People v. Aveni, 100 A.D.3d 228 (N.Y. App. Div. 2012). · cites it 4× “unlawfully,” based upon the violation of an order of protection, and “intent to commit a crime therein” (Penal Law § 140.25), based upon the intent to commit the offense of criminal possession of a controlled substance in the seventh degree, as charged in the indictment and the…”
People v. Lewis, 13 A.D.3d 208 (N.Y. App. Div. 2004). · cites it 5× “As here relevant, a person commits second-degree burglary by knowingly entering a dwelling unlawfully, with the intent to commit a crime therein (see Penal Law § 140.25 [2]; People v Polanco, 279 AD2d 307 [2001], Iv denied 96 NY2d 833 [2001]).”
People v. Chiddick, 866 N.E.2d 1039 (N.Y. 2007). “” A jury convicted defendant on several charges, including second degree burglary (Penal Law § 140.25) and second degree assault (Penal Law § 120.”
People v. Thomas R.O., 136 A.D.3d 1400 (N.Y. App. Div. 2016). · cites it 2× “1, defendant appeals from a judgment convicting him upon his plea of guilty of burglary in the second degree (Penal Law § 140.25 [2]) and, in appeal No.”
People v. Jones, 2023 NY Slip Op 02032 (N.Y. App. Div. 2023). · cites it 3× “As pertinent here, defendant and Brabham were charged by way of indictment with two counts of burglary in the second degree ( see Penal Law § 140.25 [1] [d]; [2]) and six counts of robbery in the second degree ( see Penal Law § 160.”
Show all 1,134 citing cases →
N.Y. Penal Law § 140.25(1): 1 case
Taylor v. Eckert (W.D.N.Y. 2022).
N.Y. Penal Law § 140.25(1)(a): 1 case
Pougatchev, 28 I. & N. Dec. 719 (BIA 2023).
N.Y. Penal Law § 140.25(1)(b): 2 cases
McBride v. Coveny (S.D.N.Y. 2020).
People v. Carroll, 2026 NY Slip Op 01528 (N.Y. App. Div. 2026).
N.Y. Penal Law § 140.25(1)(c): 1 case
Stallone v. Kopp (E.D.N.Y 2024).
N.Y. Penal Law § 140.25(1)(d): 2 cases
Pougatchev, 28 I. & N. Dec. 719 (BIA 2023).
People v. Deas, 2024 NY Slip Op 01937 (N.Y. App. Div. 2024).
N.Y. Penal Law § 140.25(2): 9 cases
Velez v. People of the State of New York, 941 F. Supp. 300 (E.D.N.Y 1996).
People v. Mahon, 2020 NY Slip Op 06550 (N.Y. App. Div. 2020).
Lynes v. Mitchell, 894 F. Supp. 119 (S.D.N.Y. 1995).
Vasquez v. Filion, 210 F. Supp. 2d 194 (E.D.N.Y 2002).
People v. Joseph, 2022 NY Slip Op 02282 (N.Y. App. Div. 2022).
N.Y. Penal Law § 140.25(l)(b): 1 case
Benton v. Brown, 537 F. Supp. 2d 584 (S.D.N.Y. 2008).
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