Charge Dismissed Against Building Trespasser

LVT Number: #22846

Police arrested a man in the hallway of a NYCHA building and charged him with second-degree criminal trespass. The court dismissed the charge, over the prosecutor’s objection. Under Penal Law Section 140.15, second-degree trespass occurs when a person knowingly enters or remains unlawfully in a dwelling. The court ruled that the public housing hallways weren’t part of a dwelling, so the charge must be dismissed.

Police arrested a man in the hallway of a NYCHA building and charged him with second-degree criminal trespass. The court dismissed the charge, over the prosecutor’s objection. Under Penal Law Section 140.15, second-degree trespass occurs when a person knowingly enters or remains unlawfully in a dwelling. The court ruled that the public housing hallways weren’t part of a dwelling, so the charge must be dismissed.

People v. Siton: NYLJ, 8/6/10, p. 26, col. 5 (Crim. Ct. Kings; Wilson, J)