People v Rivera

Holding The conviction for burglary in the second degree was reversed because the trial court erroneously instructed the jury that the defendant could be convicted based on unlawfully remaining in the building. Because the jury was presented with mutually exclusive circumstances for entry and remaining, the error was not subject to harmless error analysis.

The court’s words

The court's erroneous inclusion of 'unlawfully remains' in its instructions to the jury requires reversal and remand for a new trial.

2026 NY Slip Op 06557, at the official text

Since the jury was presented with a definition of an offense requiring proof of two mutually exclusive circumstances, which made it logically impossible to follow the court's instructions and still convict, a harmless error analysis isinapplicable

2026 NY Slip Op 06557, at the official text