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Bruce R. Bryan

NY Burglary Appeals

The crime of NY burglary is committed when a person “knowingly enters or remains unlawfully in a dwelling with intent to commit a crime therein.”

NY Appeal from Conviction for Burglary in the First Degree

The crime of Burglary in the First Degree additionally requires that the person, “when effecting entry or while in the dwelling or in immediate flight there from,” among other things, “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…firearm.”

NY Appeal from Conviction for Burglary in the Second or Third Degree

Burglary in the Second Degree and Burglary in the Third Degree involve less serious circumstances than Burglary in the First Degree. Both apply to entry into a “building” whereas Burglary in the First Degree applies to entry into a “dwelling”. Burglary in the Second Degree requires proof of additional aggravating facts, whereas Burglary in the Third Degree does not.

NY Appeal from Conviction for Criminal Trespass

The NY crime of criminal trespass is committed when a person knowingly enters or remains unlawfully in a building or dwelling, but without the intent to commit a crime therein.

Issues in a NY Burglary Appeal

A NY burglary appeal may challenge, among other things, the sufficiency of the evidence supporting the elements of the crime charged. Among other things, there may be insufficient evidence that the defendant was the person to commit the burglary, or that the defendant did not intend to commit a crime in the dwelling or building.

A NY burglary appeal may argue that errors deprived the defendant of a fair trial or just sentence.  A NY burglary appeal may assert legal issues that arose before the trial started, such as the denial of suppression of evidence or statements (See illustrations of NY burglary appeal Pre-Trial Errors). The trial court in a NY burglary trial may make errors during the trial, such as a variance between the People’s theory of guilt as expressed in the indictment and the evidence introduced by the People at trial (click here for examples of NY burglary appeal Trial Errors). A NY criminal burglary appeal may raise issues regarding a defendant’s sentence (see examples of NY burglary appeal Sentencing Errors).

NY Burglary Appeals to NY Appeals Courts

Intermediate NY appeals courts are divided into four departments. NY burglary appeals go to one of them, based on where the NY burglary case was tried. (For an explanation of NY counties and their corresponding departments, see NY Appeals Courts).

Call NY Criminal Appeals Lawyer Bruce R. Bryan

Bruce R. Bryan has broad experience as a NY criminal appeals lawyer (see Attorney Biography) and is well qualified to handle NY burglary appeals. He authored Guide to Criminal Appeals, Review and Parole in New York, a significant treatise explaining criminal appeals in NY. (You may receive a Free Downloadable Copy of his book). Mr. Bryan is an Adjunct Professor of Appellate Advocacy at Cornell Law School, one of this country’s top law schools. He teaches lawyers on NY criminal appeals to NY. He has appeared before the Supreme Court of the United States and has handled scores of federal criminal appeals to United States Circuit Courts of Appeal.

To consult at no charge with Mr. Bryan about a NY burglary appeal, please call him of his law offices in Syracuse at 315-280-8790 or White Plains at 914-281-1850.

B. Bryan, "Defendant's Guide to Criminal Appeals, Review & Parole in New York," (2005)


Guide to Criminal Appeals, Review & Parole in New York | Bryan Criminal Appeals Lawyer NY

The object of appellate advocacy is to persuade. The winning advocate focuses the court on the strength of your case. Read More

Cornell Adjunct Professor of Law


Guide to Criminal Appeals, Review & Parole in New York | Bryan Criminal Appeals Lawyer NY

As an adjunct faculty, Professor Bryan teaches "Advanced Persuasive Writing and Appellate Advocacy" to second and third year law students at Cornell Law School. Read More