| People v Delaney (John) |
| 2006 NY Slip Op 51758(U) [13 Misc 3d 128(A)] |
| Decided on September 20, 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| This opinion is uncorrected and will not be published in the printed Official Reports.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, Bronx County (Fernando Tapia, J.), rendered March 2, 2004, after a nonjury trial, convicting him of trespass (Penal Law § 140.05), and imposing sentence.
PER CURIAM:
Judgment of conviction (Fernando Tapia, J.), rendered March 2, 2004, reversed, on the law, the facts, and as a matter of discretion in the interest of justice, and the accusatory instrument is dismissed.
Defendant's conviction for trespass (Penal Law §
140.05) was not supported by legally sufficient evidence and, in any event, was against the weight of the evidence. The trial proof failed to establish, and certainly not beyond a reasonable doubt, that defendant, then a tenant of the residential premises in which the underlying altercation took place, knowingly entered or remained unlawfully in the basement hallway of the premises, an area not shown on this record to have been inaccessible to building tenants or restricted to the use of any particular tenant(s) (People v Maisonet, 304 AD2d 674 [2003], lv denied 100 NY2d 584 [2003]; Matter of Quanel M., 8 AD3d 386 [2004].
This constitutes the decision and order of the court.
I concur I concur
Decision Date: September 20, 2006