In re Gregory W.

Appellate Division of the Supreme Court of New York

In re Gregory W.

26 A.D.3d 221, 809 N.Y.S.2d 50

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 14, 2006

StatusPublished

Cited by2 cases

This text of 26 A.D.3d 221 (In re Gregory W.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Gregory W., 26 A.D.3d 221, 809 N.Y.S.2d 50 (N.Y. Ct. App. 2006).

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Opinion

Order of disposition, Family Court, Bronx County (Harold Lynch, J.), entered on or about September 2, 2004, which adjudicated appellant a juvenile delinquent, based upon a fact-finding determination that he committed an act that, if commit[222]*222ted by an adult, would constitute the crime of criminal trespass in the third degree, and placed him in the custody of the State Office of Children and Family Services for a period of up to 12 months, less time spent in detention pending disposition, unanimously reversed, on the law, without costs, and the petition dismissed.

The police testimony on which the adjudication was based was insufficient to prove beyond a reasonable doubt that appellant entered a public housing building unlawfully (Penal Law § 140.10 [e]), or that he remained in such a building unlawfully (Penal Law § 140.10 [f]. There was no evidence showing that appellant had entered the building through an entrance at which signs were posted giving requisite notice that his entry was unlawful; nor was there any evidence that he had refused to leave the premises upon being asked to do so by a person with authority (see Matter of James C., 23 AD3d 262 [2005]). Concur—Tom, J.P., Friedman, Sullivan, Catterson and Malone, JJ.

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Order of disposition, Family Court, Bronx County (Harold Lynch, J.), entered on or about September 2, 2004, which adjudicated appellant a juvenile delinquent, based upon a fact-finding determination that he committed an act that, if commit[222]*222ted by an adult, would constitute the crime of criminal trespass in the third degree, and placed him in the custody of the State Office of Children and Family Services for a period of up to 12 months, less time spent in detention pending disposition, unanimously reversed, on the law, without costs, and the petition dismissed.

The police testimony on which the adjudication was based was insufficient to prove beyond a reasonable doubt that appellant entered a public housing building unlawfully (Penal Law § 140.10 [e]), or that he remained in such a building unlawfully (Penal Law § 140.10 [f]. There was no evidence showing that appellant had entered the building through an entrance at which signs were posted giving requisite notice that his entry was unlawful; nor was there any evidence that he had refused to leave the premises upon being asked to do so by a person with authority (see Matter of James C., 23 AD3d 262 [2005]). Concur—Tom, J.P., Friedman, Sullivan, Catterson and Malone, JJ.

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Bluebook (online)

26 A.D.3d 221, 809 N.Y.S.2d 50, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-gregory-w-nyappdiv-2006.

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