New York’s Burglary Statute

Instructions Read New York’s burglary statute below and answer the following questions. What are the important/operative words that give the statute meaning? Which questions might a judge have to instruct the jury on as they determine guilt or innocence? Which canon of interpretation is best applied to a simple statute like this? New York’s Burglary Statute: S. 140.30 Burglary in the first degree A person is guilty of burglary in the first degree when he knowingly enters or remains unlawfully in a dwelling with intent to commit a crime therein, and when, in effecting entry or while in the dwelling or in immediate flight therefrom, he or another participant in the crime: Is armed with explosives or a deadly weapon; or Causes physical injury to any person who is not a participant in the crime; or Uses or threatens the immediate use of a dangerous instrument; or Displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm; except that in any prosecution under this subdivision, it is an affirmative defense that such pistol, revolver, rifle, shotgun, machine gun or other firearm was not a loaded weapon from which a shot, readily capable of producing death or other serious physical injury, could be discharged. Nothing contained in this subdivision shall constitute a defense to a prosecution for, or preclude a conviction of, burglary in the second degree, burglary in the third degree or any other crime. Reference: http://ypdcrime.com/penal.law/article140.htm#p140.30