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People v Miglio (Eugene)
2018 NY Slip Op 50321(U) [58 Misc 3d 161(A)]
Decided on March 14, 2018
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This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on March 14, 2018
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Ling-Cohan, J.P., Gonzalez, Edmead, JJ.
571077/12

The People of the State of New York, Respondent,

against

Eugene Miglio, Defendant-Appellant.


Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (John Cataldo, J.H.O.), rendered November 28, 2012, after a nonjury trial, convicting him of trespass, and imposing sentence.

Per Curiam.

Judgment of conviction (John Cataldo, J.H.O.) rendered, November 28, 2012, reversed on the law, accusatory instrument dismissed, fine and surcharge, if paid, remitted.

Reversal of the judgment convicting defendant of trespass and dismissal of that charge is mandated since, as the People concede, the allegations in the accusatory instrument were jurisdictionally insufficient to meet the elements of the charged crime (see Penal Law § 140.05).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.


I concur I concur I concur


Decision Date: March 14, 2018