People v. Miglio (Eugene)

CourtAppellate Terms of the Supreme Court of New York
DecidedMarch 14, 2018
Docket2018 NYSlipOp 50321(U)
StatusPublished

This text of People v. Miglio (Eugene) (People v. Miglio (Eugene)) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court 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. Miglio (Eugene), (N.Y. Ct. App. 2018).

Opinion



The People of the State of New York, Respondent,

against

Eugene Miglio, Defendant-Appellant.


Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (John Cataldo, J.H.O.), rendered November 28, 2012, after a nonjury trial, convicting him of trespass, and imposing sentence.

Per Curiam.

Judgment of conviction (John Cataldo, J.H.O.) rendered, November 28, 2012, reversed on the law, accusatory instrument dismissed, fine and surcharge, if paid, remitted.

Reversal of the judgment convicting defendant of trespass and dismissal of that charge is mandated since, as the People concede, the allegations in the accusatory instrument were jurisdictionally insufficient to meet the elements of the charged crime (see Penal Law § 140.05).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.


I concur I concur I concur
Decision Date: March 14, 2018

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Related

§ 140.05
New York PEN § 140.05

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People v. Miglio (Eugene), Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-miglio-eugene-nyappterm-2018.