Legal Opinion

People v. Orta

Appellate Terms of the Supreme Court of New York

Decided November 18, 2016PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

Order, dated March 15, 2016, reversed, on the law, motion denied, and the counts of the superseding information charging defendant with criminal trespass in the third degree and trespass are reinstated.

The accusatory instrument was not jurisdictionally defective. Giving the superseding information “a fair and not overly restrictive or technical reading” (People v Casey, 95 NY2d 354, 360 [2000]), we find “as a matter of common sense and reasonable pleading” (People v Davis, 13 NY3d 17, 31 [2009]) that it was legally sufficient to charge defendant with criminal trespass in…

3Cases cited4 opinions

  1. People v. CaseyNew York Court of Appeals · 2000
  2. People v. KoniecznyNew York Court of Appeals · 2004
  3. People v. DavisNew York Court of Appeals · 2009
  4. People v. KasseNew York Court of Appeals · 2014

4Cited by1 opinion

  1. Hogan v. Lewis County, New YorkDistrict Court, N.D. New York · 2020

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