People v. Scott

OPINION OF THE COURT

Abraham Clott, J.

*429The common issue in these cases is whether a person may be prosecuted for trespass as an A misdemeanor (Penal Law § 140.15) when he is found inside the lobby beyond the vestibule of an apartment building operated by the New York City Housing Authority whether or not the door to the lobby is locked.1 This court holds that the lobby of a residential apartment building separated from the street by a vestibule may be a “dwelling” as defined by Penal Law § 140.00 (3) whether or not it is locked and that a complaint charging a defendant with violating Penal Law…