People v. Luke (Derek)
Supreme Court of New York, Appellate Term, First Department
37 Misc. 3d 73 (2012)
Relevant factsFree
Officers found Luke entering and loitering on multiple floors of a public housing building with posted no-trespassing signs, and while he could not tell police the name, address, or apartment number of the friend he claimed to be visiting, both he and that friend testified at trial they had a scheduled visit and that she in fact lived in one of the development's other, similar-looking buildings, making his confusion about the correct building plausible.
IssueFree
Whether a person who enters or remains on property accidentally or with an honest belief that he is licensed or privileged to enter or remain can be liable for criminal trespass.