Legal Question in Criminal Law in New York

what is the charge??

this question is just to see if i was correct on a test. the question is-

homeless man enters a public high school to sleep since it was a very cold night. school personnel come in the morning, see him sleeping, and call police, upon further investigation school officials find a door lock broken, which was the way the homeless man gained entry into the school. what will this man be charged with criminal trespass??? or burglary???- if its burglary what was the crime he had an intent to commit??? he only entered to go to sleep


Asked on 1/23/06, 11:21 pm

1 Answer from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: what is the charge??

Good analysis.

1. criminal destruction of property (vandalism is one code provision, but there will be others)

2. trespass

3. harassment is an all-purpose NY crime

Since his whole purpose was the trespass, there is no intent to transfer..

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Answered on 1/24/06, 12:20 pm


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