People v. Laureano

OPINION OF THE COURT

Felicia A. Mennin, J.

*665The issue under consideration in this case is whether the subway platform beyond the turnstile entrance to the New York City Transit Authority (NYCTA) is a “public place” within the context of the criminal trespass statutes of New York’s Penal Law. The defendant, Joshua Laureano, is charged with theft of services (Penal Law § 165.15 [3]) and criminal trespass in the third degree (Penal Law § 140.10). He moves for an order dismissing the criminal trespass count as facially insufficient pursuant to Criminal Procedure Law § 170.30 (1) (a), § 100.15 (3)…