People v. Delossantos

*866OPINION OF THE COURT

Abraham Clott, J.

The defendant is charged with criminal trespass in the second degree (Penal Law § 140.15). This opinion addresses the issue whether trespass in a public housing apartment building can only be prosecuted as a class B misdemeanor because the legislative history of the class B misdemeanor provision, Penal Law § 140.10, demonstrates that the Legislature intended to limit liability for trespass in public housing projects to the class B misdemeanor. This court rejects the conclusion of several recent opinions1 holding that the class A misdemeanor provision does…