IN THE MATTER OF GREGORY W.


26 A.D.3d 221 (2006)

809 N.Y.S.2d 50

In the Matter of GREGORY W., a Person Alleged to be a Juvenile Delinquent, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

February 14, 2006.


The police testimony on which the adjudication was based was insufficient to prove beyond a reasonable doubt that appellant entered a public housing building unlawfully (Penal Law § 140.10 [e]), or that he remained in such a building unlawfully (Penal Law § 140.10 [f]). There was no evidence showing that appellant had entered the building through an entrance at which signs were posted giving requisite notice that his entry was unlawful; nor was there any evidence...

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