Opinion
2007-1963 W CR.
Decided March 9, 2009.
Appeal from a judgment of the City Court of Yonkers, Westchester County (Michelle Graffeo, J.), rendered December 17, 2007. The judgment convicted defendant, upon his plea of guilty, of criminal trespass in the third degree.
Judgment of conviction reversed, on the law, and information dismissed.
PRESENT: MOLIA, J.P., SCHEINKMAN and LaCAVA, JJ.
Defendant was convicted, upon his guilty plea, of criminal trespass in the third degree (Penal Law § 140.10 [a]) and on appeal challenges the sufficiency of the information. Penal Law § 140.10 (a) provides in part that a defendant commits the class B misdemeanor of criminal trespass in the third degree when he remains unlawfully in a building or upon real property "which is fenced or otherwise enclosed in a manner designed to exclude intruders." Since the factual part of the information in the case at bar, together with the accompanying supporting deposition, lacks any allegations showing that the building or real property was fenced or so enclosed, the information is jurisdictionally insufficient on its face ( see CPL 100.15; 100.40 [1] [a]; [4] [b]; People v Moore , 5 NY3d 725 ; People v Casey, 95 NY2d 354; People v Courtney , 15 Misc 3d 140[A], 2007 NY Slip Op 51000[U] [App Term, 1st Dept 2007]).
Accordingly, the judgment of conviction is reversed and the information dismissed. Molia, J.P., Scheinkman and LaCava, JJ., concur.