In re Gregory W.
Opinion of the Court
Order of disposition, Family Court, Bronx County (Harold Lynch, J.), entered on or about September 2, 2004, which adjudicated appellant a juvenile delinquent, based upon a fact-finding determination that he committed an act that, if commit
The police testimony on which the adjudication was based was insufficient to prove beyond a reasonable doubt that appellant entered a public housing building unlawfully (Penal Law § 140.10 [e]), or that he remained in such a building unlawfully (Penal Law § 140.10 [f]. There was no evidence showing that appellant had entered the building through an entrance at which signs were posted giving requisite notice that his entry was unlawful; nor was there any evidence that he had refused to leave the premises upon being asked to do so by a person with authority (see Matter of James C., 23 AD3d 262 [2005]). Concur—Tom, J.P., Friedman, Sullivan, Catterson and Malone, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.