People v. Barton

Judgment of the Court of Special Sessions convicting defendant of the crime of unlawful intrusion on real property (Penal Law, § 2036) unanimously reversed, upon the law and the facts, and the information dismissed. Section 2036 of the Penal Law, provides, in part, that “A person who intrudes upon any lot or piece of land * “ * without authority from the owner * * * is guilty of a misdemeanor ”. The record is insufficient to support a conviction for the crime charged because there was no proof that defendant’s intrusion was not authorized by the owner of the land nor was the evidence…