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PEOPLE v. DELOSSANTOS

2011NY037958

32 Misc.3d 865 (2011)

924 N.Y.S.2d 258

2011 NY Slip Op 21183

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. GIL DELOSSANTOS, Defendant.

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

Decided May 24, 2011.

Attorney(s) appearing for the Case

Legal Aid Society ( Steven Banks and Rosy Kandathil of counsel), for defendant.

Cyrus R. Vance, Jr. , District Attorney (A. McKenzie, of counsel), for plaintiff.

OPINION OF THE COURT

ABRAHAM CLOTT, J.

The defendant is charged with criminal trespass in the second degree (Penal Law § 140.15). This opinion addresses the issue whether trespass in a public housing apartment building can only be prosecuted as a class B misdemeanor because the legislative history of the class B misdemeanor provision, Penal Law § 140.10, demonstrates that the Legislature intended...

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