| People v Brodeur (Christopher) |
| 2006 NY Slip Op 51644(U) [13 Misc 3d 126(A)] |
| Decided on August 29, 2006 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Defendant appeals from a judgment of the Criminal Court, New York County (Analisa Torres, J.), rendered May 13, 2002, after a nonjury trial, convicting him of criminal trespass in the third degree, and imposing sentence.
PER CURIAM:
Judgment of conviction (Analisa Torres, J.), rendered May 13, 2002, affirmed.
The verdict convicting defendant of third-degree criminal trespass (Penal Law § 140.10[a]) was supported by legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the trial court's determinations concerning credibility. Even assuming, arguendo, that defendant's initial entry into City Hall was lawful, the credited police testimony that he wandered "back and forth," entered the press room, and ultimately "pushed" past a police officer and, "yelling and screaming," ran up the stairs leading to the second floor, was clearly sufficient to establish the lawfulness of the police orders that he leave the premises and his defiance of those orders (see People v Leonard, 62 NY2d 404, 408 [1984]).
This constitutes the decision and order of the court.
Decision Date: August 29, 2006