New York Court of Appeals
The People of the State of New York v. Cornelius Gaines
October 24, 198974 N.Y.2d 358
Summary
The New York Court of Appeals held that third‑degree burglary under Penal Law § 140.20 requires the intent to commit a crime to exist at the time of the unlawful entry (or remaining), and reversed the conviction because the trial court failed to give a proper jury instruction.