Opinion
March 10, 1994
Appeal from the Supreme Court, New York County (Dorothy Chin Brandt, J.).
Since this case involved "unlawful entry", and not "unlawful remaining", the court erred by denying defendant's request to eliminate the phrase "or remains" from its instructions on burglary (People v. Gaines, 74 N.Y.2d 358). However, the error was harmless, because there was no reasonable view of the evidence that defendant entered without criminal intent (see, People v Davila, 181 A.D.2d 582, 583).
We perceive no abuse of sentencing discretion.
Concur — Sullivan, J.P., Carro, Ellerin, Wallach and Nardelli, JJ.