People v Guerin

People v Guerin 2017 NY Slip Op 01022 Decided on February 9, 2017 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on February 9, 2017
No. 7

[*1]The People & c., Respondent,

v

Zachary T. Guerin, Appellant.

Submitted by appellant, pro se.

Submitted by William Preston Marshall, for respondent.

MEMORANDUM:

The order of the Appellate Division should be affirmed.

Defendant Zachary T. Guerin challenges his conviction for trespassing on private property in violation of Environmental Conservation Law § 11-2113 (1). The law requires that the property be posted with warning signs bearing the name and address of the property owner (ECL § 11-2111 [2]). Since defendant did not raise below his specific challenge that the People's [*2]evidence of the location of 32 compliant signs is deficient, this claim is unpreserved and beyond our review (see People v Hines, 97 NY2d 56, 62 [2001]). To the extent defendant argues that evidence of one noncompliant sign undermined the People's case, the claim is similarly not within our powers of review (CPL 470.15 [5]; People v Danielson, 9 NY3d 342, 349 [2007]).

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Order affirmed, in a memorandum. Chief Judge DiFiore and Judges Rivera, Abdus-Salaam, Stein, Fahey and Garcia concur. Judge Wilson took no part.

Decided February 9, 2017