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IN THE MATTER OF GREGORY W
Appellate Division of the Supreme Court of New York, First Department.
Feb 14, 2006
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The police testimony on which the adjudication was based was insufficient to prove beyond a reasonable doubt that appellant entered a public housing building unlawfully (Penal Law § 140.10 [e]), or that he remained in such a building unlawfully (Penal Law § 140.10 [f]). There was no evidence showing that appellant had entered the building through an entrance at which signs were posted giving requisite notice that his entry was unlawful; nor was there any evidence that he had refused to leave the premises upon being asked to do so by a person with authority ( see Matter of James C., 23 AD3d 262).
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