holding trespass complaint to be facially insufficient where it alleged that the defendant was present in the lobby of a locked building where he did not live, but did not give any "indication that he was anything other than an invitee to the building."
Summary of this case from Greene v. BryanNo. 056832C-2006.
May 15, 2007.
Crimes Criminal Trespass. Penal Law — § 140.15 (Criminal trespass, second degree). Penal Law — § 140.10 (Criminal trespass, third degree).
holding trespass complaint to be facially insufficient where it alleged that the defendant was present in the lobby of a locked building where he did not live, but did not give any "indication that he was anything other than an invitee to the building."
Summary of this case from Greene v. BryanFull title:People v. Ruiz (Eliezer)
Court:Supreme Court of the State of New York. Bronx County
Date published: May 15, 2007
It is the prosecutor's burden to prove defendant's trespass, and not defendant's burden to establish that his…
People v. JamesCt. N.Y. Co. 2005) (where defendants were found exiting an apartment, the court was unwilling to infer that…