Trespasser Charged Under Wrong Statute

August 31, 2008

LVT Number: #20654

Defendant was charged with attempted criminal trespass under Penal Law Section 140.15, a class A misdemeanor. Two police officers saw defendant in NYCHA building stairwell. He fled, and they arrested him outside the building after he threw away a folded knife. At trial, defendant asked the court to dismiss the case. He claimed that he was charged under the wrong statute. The court ruled for defendant. Trespass in public housing buildings was a Class B misdemeanor under Penal Law Section 140.10(e).

Defendant was charged with attempted criminal trespass under Penal Law Section 140.15, a class A misdemeanor. Two police officers saw defendant in NYCHA building stairwell. He fled, and they arrested him outside the building after he threw away a folded knife. At trial, defendant asked the court to dismiss the case. He claimed that he was charged under the wrong statute. The court ruled for defendant. Trespass in public housing buildings was a Class B misdemeanor under Penal Law Section 140.10(e). Defendant had been charged improperly under Penal Law Section 140.15, which covered other dwellings, and it was too late for the prosecutor to amend the charge.

People v. Spencerel: NYLJ, 8/11/08, p. 21, col. 1 (Crim. Ct. NY; Harris, JHO)

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