In People v. Crowell (122 Misc 2d 133 [Oswego County Ct 1983]) the defendant was given permission to enter the premises for the purpose of painting it. The court found that the privilege to be within the premises is not negated by the formulation of a criminal intent or even the undertaking of a criminal action therein. The court went on to state that "the doctrine remains that a licensed or privileged entry or remaining is not transformed into an unlawful one upon the occurrence of criminal conduct on the part of the licensee. ... A rule to the contrary would mean that an intoxicated house guest who loses his temper and intentionally smashes a vase becomes a burglar. Innumerable like examples can be imagined. Such is not the intent of the Legislature in creating the burglary statutes, all of which have trespassorial conduct as one essential element." ( Id. at 134-135 .)