THE PEOPLE OF THE STATE OF NEW YORK, res, v. BRANDON BELL, def-app

11-311. THE PEOPLE OF THE STATE OF NEW YORK, res, v. BRANDON BELL, def-app — Judgment of conviction (Lynn R. Kotler, J.), rendered February 28, 2011, affirmed.

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11-311. THE PEOPLE OF THE STATE OF NEW YORK, res, v. BRANDON BELL, def-app — Judgment of conviction (Lynn R. Kotler, J.), rendered February 28, 2011, affirmed.

In view of defendant’s knowing waiver of his right to be prosecuted by information, the facial sufficiency of the accusatory instrument must be assessed under the standard required of a misdemeanor complaint (see People v. Dumay, 23 NY3d 518, 522 [2014]). So viewed, the accusatory instrument was jurisdictionally valid because it described facts of an evidentiary nature establishing reasonable cause to believe that defendant was guilty of criminal trespass in the second degree (see Penal Law §140.15[1]), the offense to which defendant ultimately pleaded guilty. The accusatory instrument alleged, inter alia, that defendant was observed “inside the lobby of the [apartment building] dwelling beyond the vestibule” and a posted “No Trespassing” sign; that defendant was not a tenant in that he “provided [an] address[ ] different” from the specified building; and that defendant was not “an invited guest in that [he] w[as] unable to provide the identity of the resident” in the building. These 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 that the lobby area was part of the dwelling and that defendant knowingly entered or remained unlawfully therein (see People v. Barnes, 26 NY3d 986, 989 [2015]; People v. Richardson, 49 Misc 3d 139[A], 2015 NY Slip Op 51579[U] [App Term, 1st Dept 2015], lv denied 26 NY3d 1111 [2016]). Defendant’s present claim that he was an invited guest of a building resident was a matter he could have raised at trial. “Having pleaded guilty to [trespass] on a jurisdictionally valid accusatory instrument, defendant conceded every element of the offense” (see People v. Konieczny, 2 NY3d 569, 577 [2004]), including that he knowingly and unlawfully remained without the requisite license or privilege.

THE PEOPLE OF THE STATE OF NEW YORK, res, v. BRANDON BELL, def-app

11-311. THE PEOPLE OF THE STATE OF NEW YORK, res, v. BRANDON BELL, def-app — Judgment of conviction (Lynn R. Kotler, J.), rendered February 28, 2011, affirmed.

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