PEOPLE v. LUKE

570077/10.

37 Misc.3d 73 (2012)

955 N.Y.S.2d 465

2012 NY Slip Op 22262

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DEREK LUKE, Appellant.

Supreme Court, Appellate Term, First Department.

September 19, 2012.


Attorney(s) appearing for the Case

Simpson Thacher & Bartlett LLP, New York City ( Andrea M. Griswold of counsel), and Legal Aid Society, New York City ( Denise Fabiano of counsel), for appellant. Cyrus R. Vance, Jr. , District Attorney, New York City ( Sean T. Masson of counsel), for respondent.


OPINION OF THE COURT

HUNTER, JR., J.

Judgment of conviction, rendered December 9, 2009, reversed, on the law and on the facts, accusatory instrument dismissed and fine and surcharge, if paid, remitted.

On the evening of December 19, 2008, defendant was arrested for trespass at Manhattan's Taft Houses, a public housing development consisting of nine almost identical brown brick buildings. According to defendant, he was there to visit a longtime family...

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