NYSentencing

§ 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.
with Argument