People v. Abraham

OPINION OF THE COURT

Michael Gerstein, J.

The seminal issue in these cases1 is whether a trespass notice, issued by the New York City Housing Authority (NYCHA), qualifies as a business record exception to the *757hearsay rule, so as to be sufficient to convert criminal court complaints to misdemeanor informations.

Defendant has been charged in five dockets, for incidents occurring over the span of three months, with criminal trespass in the second degree (Penal Law § 140.15), criminal trespass in the third degree (Penal Law § 140.10 [e]) and trespass (Penal Law § 140.05). All of the buildings in…