PEOPLE v. JENNINGS (2024)

Supreme Court, Appellate Term, New York,

The PEOPLE of the State of New York, Respondent, v. Pierre JENNINGS, Defendant-Appellant.

570680 /19

Decided: February 14, 2024

PRESENT: Hagler, P.J., Brigantti, Perez, JJ.

Judgment of conviction (Bahaati E. Pitt, J.), rendered September 18, 2019, reversed, on the law, the accusatory instrument dismissed, and surcharge, if paid, remitted.

Reversal of the judgment of conviction and dismissal of the accusatory instrument charging defendant with criminal trespass in the second degree (see Penal Law § 140.15[1]) is mandated since, as the People concede, the allegations in the accusatory instrument were jurisdictionally insufficient to meet the “dwelling” element of the offense.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

All concur.

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