The defendant Smith was charged with burglary, which under the New York Penal Law 140.20 requires the defendant to "enter unlawfully in a building with intent to commit a crime." Smith had climbed on the roof of a one-story structure in order to pour oil on the building to set it on fire. 3. 1. Which statutory language is at issue in this prosecution? 2. Below are two columns of arguments that can be made in this case. The left column lists arguments the defendant can make; the right column lists the state's answering arguments. The arguments are not listed in matching order. Match the defendant's and the state's arguments and characterize them as to the type of argument each is. Then write an outline of the order in which you would analyze this issue. How would you decide this case if this were before you on the defendant's motion to dismiss the indictment?