Opinion
No. 570680/19
02-14-2024
The People of the State of New York, Respondent, v. Pierre Jennings, Defendant-Appellant.
Unpublished Opinion
PRESENT: Hagler, P.J., Brigantti, Perez, JJ.
Defendant appeals from a judgment of the Criminal Court of the City of New York, Bronx County (Bahaati E. Pitt, J.), rendered September 18, 2019, convicting him, upon his plea of guilty, of criminal trespass in the second degree, and imposing sentence.
PER CURIAM.
Judgment of conviction (Bahaati E. Pitt, J.), rendered September 18, 2019, reversed, on the law, the accusatory instrument dismissed, and surcharge, if paid, remitted.
Reversal of the judgment of conviction and dismissal of the accusatory instrument charging defendant with criminal trespass in the second degree (see Penal Law § 140.15[1]) is mandated since, as the People concede, the allegations in the accusatory instrument were jurisdictionally insufficient to meet the "dwelling" element of the offense.