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PEOPLE v. SCOTT

8 Misc.3d 428 (2005)

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. MICHAEL SCOTT, DWAYNE THOMAS, JORDAN HERBERT and RAMONA RIVERA, Defendants.

Criminal Court of the City of New York, New York County.

April 21, 2005.

Attorney(s) appearing for the Case

Legal Aid Society (Kate Mogulescu of counsel), for Michael Scott, defendant; (Alyssa Gamliel of counsel), for Dwayne Thomas, defendant; (Debra Sloan of counsel), for Jordan Herbert, defendant; and (Jacqueline Esposito of counsel), for Ramona Rivera, defendant.

Robert M. Morgenthau, District Attorney (Adrien Rosen, Claudine Caracciolo, Walter Perkel and Matthew Jackson of counsel), for plaintiff.

OPINION OF THE COURT

ABRAHAM CLOTT, J.

The common issue in these cases is whether a person may be prosecuted for trespass as an A misdemeanor (Penal Law § 140.15) when he is found inside the lobby beyond the vestibule of an apartment building operated by the New York City Housing Authority whether or not the door to the lobby is locked.1 This court holds that the lobby of a residential...

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