People v. Craggon

Appellate Division of the Supreme Court of New York

People v. Craggon

171 A.D.2d 523, 567 N.Y.S.2d 427, 1991 N.Y. App. Div. LEXIS 3469

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

DecidedMarch 19, 1991

StatusPublished

This text of 171 A.D.2d 523 (People v. Craggon) 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

People v. Craggon, 171 A.D.2d 523, 567 N.Y.S.2d 427, 1991 N.Y. App. Div. LEXIS 3469 (N.Y. Ct. App. 1991).

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Opinion

Judgment, Supreme Court, New York County (Alvin Schlesinger, J.), rendered May 24, 1989, convicting defendant after jury trial of criminal trespass in the second degree, and sentencing him to a prison term of six months, unanimously affirmed.

Defendant was not entitled to a charge on the defense of justification. No reasonable view of the evidence would support such a defense (see, e.g., People v Watts, 57 NY2d 299). [524]*524Defendant testified at trial that he entered a luxury suite at the Helmsley Palace Hotel on January 14, 1989 where he remained for two days because he was cold and could not gain admission to public shelters. Nowhere is there any indication in the record that defendant was confronted with imminent harm and faced with an emergency situation, such as to demonstrate that his criminal trespass was justifiable (see, Penal Law § 35.05 [2]). We further note this claimed error is unpreserved. Concur — Milonas, J. P., Asch, Kassal and Rubin, JJ.

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Judgment, Supreme Court, New York County (Alvin Schlesinger, J.), rendered May 24, 1989, convicting defendant after jury trial of criminal trespass in the second degree, and sentencing him to a prison term of six months, unanimously affirmed.

Defendant was not entitled to a charge on the defense of justification. No reasonable view of the evidence would support such a defense (see, e.g., People v Watts, 57 NY2d 299). [524]*524Defendant testified at trial that he entered a luxury suite at the Helmsley Palace Hotel on January 14, 1989 where he remained for two days because he was cold and could not gain admission to public shelters. Nowhere is there any indication in the record that defendant was confronted with imminent harm and faced with an emergency situation, such as to demonstrate that his criminal trespass was justifiable (see, Penal Law § 35.05 [2]). We further note this claimed error is unpreserved. Concur — Milonas, J. P., Asch, Kassal and Rubin, JJ.

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Bluebook (online)

171 A.D.2d 523, 567 N.Y.S.2d 427, 1991 N.Y. App. Div. LEXIS 3469, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-craggon-nyappdiv-1991.

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