What is the final element of the crime of third degree burglary?

The final element of the crime of third degree burglary is the intent to commit a crime, which must exist at the time of the unlawful entry (People v. Gaines, 74 N.Y.2d 358, 547 N.Y.S.2d 620, 546 N.E.2d 913) Here the defendant's intent to commit larceny may plainly be inferred from his furtive conduct in attempting to conceal the identity of the rented truck. In addition, the defendant's threatening statements made earlier at the auction sale are probative of criminal intent harbored at the time of his entry onto the premises.