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THE PEOPLE, res, v. MARCUS SEABROOK, def-app

570273/13. THE PEOPLE, res, v. MARCUS SEABROOK, def-app — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Judgment of conviction (John H. Wilson, J.), rendered February 13, 2013, affirmed.

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570273/13. THE PEOPLE, res, v. MARCUS SEABROOK, def-app — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Judgment of conviction (John H. Wilson, J.), rendered February 13, 2013, affirmed.

The accusatory instrument charging defendant with trespass (see Penal Law §140.05), was not jurisdictionally defective. In this connection, the factual portion of the accusatory instrument alleged, inter alia, that defendant, upon being told to leave the store premises, “began to curse and yell at [the manager]” and “ continued to refuse [to leave] and began to attempt to strike with his hand several employees” in the store. These factual allegations, given “a fair and not overly restrictive or technical reading” (People v. Casey 95 NY2d 354, 360 [2000]), were sufficient, for pleading purposes, to establish the elements of the charged offense, including that defendant knowingly remained unlawfully in the store premises, by defying a lawful order excluding him from the premises, personally communicated to him by a person authorized to make the order (see People v. Leonard, 62 NY2d 404, 408 [1984).

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