People v. Warren

OPINION OF THE COURT

Patricia D. Marks, J.

This is decision on appeal from a judgment of Rochester City Court, Honorable Marjorie L. Byrnes, convicting defendants after jury trial of criminal trespass in the third degree and sentencing defendant Warren to 90 days’ incarceration and defendant Powley to 30 days’ incarceration. Defendants filed a timely notice of appeal and applied to this court for a stay of *865sentence pending determination of the appeal. The court granted the stay with respect to both defendants.

The pertinent facts of this case are as follows:

On May 8, 1996 at 11:30 a.m. the…