PEOPLE v. SPANN


8 Misc.3d 654 (2005)

796 N.Y.S.2d 227

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. MERVYN SPANN and WILLIAM FREEMAN, Defendants.

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

May 19, 2005.


Attorney(s) appearing for the Case

Legal Aid Society, New York City (Alyssa Gamliel of counsel), for Mervyn Spann, defendant.

Terry A. Brostowin, New York City, for William Freeman, defendant.

Robert M. Morgenthau, District Attorney, New York City (Remy Taborga of counsel), for plaintiff.


OPINION OF THE COURT

ANTHONY J. FERRARA, J.

These defendants are each charged with criminal trespass in the second degree (Penal Law § 140.15). In sum, the complaint alleges that the defendants were observed within an apartment building leaving apartment 1C through the front door, and they did not have permission or authority to be inside the apartment. The sole facts alleged to support this conclusion are...

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