People v. Scott

OPINION OF THE COURT

John M. Leventhal, J.

This court holds that, under the circumstances presented in this case, a lessee of a premises may be found guilty of either burglary or criminal trespass of his leased premises.

The defendant moves to dismiss counts one through six of the indictment on the ground that he has a proprietary interest, i.e., he is a named lessee, of the premises alleged to have been unlawfully entered.

In deciding this motion, the court has considered the moving papers, the People’s opposition and the court file. Both parties *648make general legal arguments, but fail to cite a…