PEOPLE v. SCOTT


195 Misc.2d 647 (2003)

760 N.Y.S.2d 828

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. BEN SCOTT, Defendant.

Supreme Court, Kings County.

May 8, 2003.


Attorney(s) appearing for the Case

Ivan Vogel, New York City, for defendant.

Charles J. Hynes, District Attorney, Brooklyn (Edward Purce of counsel), for plaintiff.


OPINION OF THE COURT

JOHN M. LEVENTHAL, J.

This court holds that, under the circumstances presented in this case, a lessee of a premises may be found guilty of either burglary or criminal trespass of his leased premises.

The defendant moves to dismiss counts one through six of the indictment on the ground that he has a proprietary interest, i.e., he is a named lessee, of the premises alleged to have been unlawfully entered.

In deciding this...

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