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People v. Guerin

Court of Appeals of New York
Feb 9, 2017
2017 N.Y. Slip Op. 1022 (N.Y. 2017)

Opinion

No. 7

02-09-2017

The People & c., Respondent, v. Zachary T. Guerin, Appellant.

Submitted by appellant, pro se. Submitted by William Preston Marshall, for respondent.


Submitted by appellant, pro se.

Submitted by William Preston Marshall, for respondent.

MEMORANDUM:

The order of the Appellate Division should be affirmed.

Defendant Zachary T. Guerin challenges his conviction for trespassing on private property in violation of Environmental Conservation Law § 11-2113 (1). The law requires that the property be posted with warning signs bearing the name and address of the property owner (ECL § 11-2111 [2]). Since defendant did not raise below his specific challenge that the People's evidence of the location of 32 compliant signs is deficient, this claim is unpreserved and beyond our review (see People v Hines, 97 NY2d 56, 62 [2001]). To the extent defendant argues that evidence of one noncompliant sign undermined the People's case, the claim is similarly not within our powers of review (CPL 470.15 [5]; People v Danielson, 9 NY3d 342, 349 [2007]).

* * * * * * * * * * * * * * * * *

Order affirmed, in a memorandum. Chief Judge DiFiore and Judges Rivera, Abdus-Salaam, Stein, Fahey and Garcia concur. Judge Wilson took no part.

Decided February 9, 2017


Summaries of

People v. Guerin

Court of Appeals of New York
Feb 9, 2017
2017 N.Y. Slip Op. 1022 (N.Y. 2017)
Case details for

People v. Guerin

Case Details

Full title:The People & c., Respondent, v. Zachary T. Guerin, Appellant.

Court:Court of Appeals of New York

Date published: Feb 9, 2017

Citations

2017 N.Y. Slip Op. 1022 (N.Y. 2017)