People v Seabrook (Marcus)

[*1] People v Seabrook (Marcus) 2015 NY Slip Op 50338(U) Decided on March 19, 2015 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 19, 2015
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Schoenfeld, J.P., Hunter, Jr., Ling-Cohan, JJ.
570273/13

The People of the State of New York, Respondent,

against

Marcus Seabrook, Defendant-Appellant.

Defendant appeals from a judgment of the Criminal Court of the City of New York, Bronx County (John H. Wilson, J.), rendered February 13, 2013 convicting him, upon his plea of guilty, of one count of trespass, and imposing sentence.

Per Curiam.

Judgment of conviction (John H. Wilson, J.), rendered February 13, 2013, affirmed.

The accusatory instrument charging defendant with trespass (see Penal Law § 140.05), was not jurisdictionally defective. In this connection, the factual portion of the accusatory instrument alleged, inter alia, that defendant, upon being told to leave the store premises, "began to curse and yell at [the manager]" and "continued to refuse [to leave] and began to attempt to strike with his hand several employees" in the store. These factual allegations, given "a fair and not overly restrictive or technical reading" (People v Casey 95 NY2d 354, 360 [2000]), were sufficient, for pleading purposes, to establish the elements of the charged offense, including that defendant knowingly remained unlawfully in the store premises, by defying a lawful order excluding him from the premises, personally communicated to him by a person authorized to make the order (see People v Leonard, 62 NY2d 404, 408 [1984).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur I concur I concur
Decision Date: March 19, 2015