PEOPLE v. LICATA


63 Misc.2d 585 (1970)

The People of the State of New York, Respondent, v. Vito Licata, Appellant.

Supreme Court, Appellate Term, Second Department.

May 6, 1970


Attorney(s) appearing for the Case

Sparrow & Sparrow (Robert E. Sparrow of counsel), for appellant. Thomas J. Mackell, District Attorney (Patrick F. Broderick of counsel), for respondent.

Concur — GROAT, P. J., SCHWARTZWALD and MARGETT, JJ.


Per Curiam.

It is undisputed that defendant was personally served with a written notice barring him from Aqueduct Race Track. His subsequent entry upon the premises of the track, without permission, albeit after the purchase of an admission ticket, constituted a criminal trespass in the third degree within the purview of section 140.05 of the Penal Law (changed to fourth degree [L. 1969, ch. 341, eff. Sept. 1, 1969]).

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