People v. Mullally

*1003OPINION OF THE COURT

Joseph A. Zayas, J.

After a jury trial, defendant, Shaun Mullally, was convicted of criminal trespass in the second degree (Penal Law § 140.15) and acquitted of burglary in the second degree (Penal Law § 140.25 [2]) and related charges. Defendant now moves to set aside the guilty verdict pursuant to Criminal Procedure Law § 330.30 (1), arguing that his conviction requires reversal as a matter of law because the trial evidence was legally insufficient to establish second-degree trespass. Specifically, defendant contends that the building that he was convicted of illegally…