People v. Fox

Defendant is charged with a violation of section 722 of the Penal Law. The charge embraces subdivisions 1, 2 and 3 of the statute. Defendant moves to dismiss at the close of the People’s case.

The basic, or central facts, which I find to have been proven beyond a reasonable doubt are as follows:

On the morning in question a strike was in progress at the Sperry Plant in the Village of Lake Success. Defendant’s acts took place on private property forming part of the premises of the plant in the immediate vicinity of an entrance gate and driveway giving access to the plant from Marcus Avenue, a…