Intruder Subject to Criminal Trespass

June 30, 2011

LVT Number: #23453

A defendant was charged with criminal trespass after allegedly caught standing in a NYCHA building staircase. He didn't know anyone in the building and couldn't identify anyone who invited him in. The defendant asked the court to dismiss the case, claiming that it could be prosecuted only as third-degree criminal trespass. The court ruled against the defendant. An apartment building within a public housing project is a "dwelling," so the defendant could be prosecuted for second-degree trespass, a class "A" misdemeanor.

A defendant was charged with criminal trespass after allegedly caught standing in a NYCHA building staircase. He didn't know anyone in the building and couldn't identify anyone who invited him in. The defendant asked the court to dismiss the case, claiming that it could be prosecuted only as third-degree criminal trespass. The court ruled against the defendant. An apartment building within a public housing project is a "dwelling," so the defendant could be prosecuted for second-degree trespass, a class "A" misdemeanor.

People v. Delossantos: Index No. 2011NY037958, NYLJ No. 1202495627773 (Crim. Ct. NY; 5/24/11; Clott, J)

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