(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.
Structure New York Laws
Title I - Offenses Involving Damage to and Intrusion Upon Property
Article 140 - Burglary and Related Offenses
140.00 - Criminal Trespass and Burglary; Definitions of Terms.
140.10 - Criminal Trespass in the Third Degree.
140.15 - Criminal Trespass in the Second Degree.
140.17 - Criminal Trespass in the First Degree.
140.20 - Burglary in the Third Degree.
140.25 - Burglary in the Second Degree.
140.30 - Burglary in the First Degree.