Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

THE PEOPLE, res, v. MARCUS SEABROOK, def-app

570273/13. THE PEOPLE, res, v. MARCUS SEABROOK, def-app — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Judgment of conviction (John H. Wilson, J.), rendered February 13, 2013, affirmed.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

570273/13. THE PEOPLE, res, v. MARCUS SEABROOK, def-app — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Judgment of conviction (John H. Wilson, J.), rendered February 13, 2013, affirmed.

The accusatory instrument charging defendant with trespass (see Penal Law §140.05), was not jurisdictionally defective. In this connection, the factual portion of the accusatory instrument alleged, inter alia, that defendant, upon being told to leave the store premises, “began to curse and yell at [the manager]” and “ continued to refuse [to leave] and began to attempt to strike with his hand several employees” in the store. These factual allegations, given “a fair and not overly restrictive or technical reading” (People v. Casey 95 NY2d 354, 360 [2000]), were sufficient, for pleading purposes, to establish the elements of the charged offense, including that defendant knowingly remained unlawfully in the store premises, by defying a lawful order excluding him from the premises, personally communicated to him by a person authorized to make the order (see People v. Leonard, 62 NY2d 404, 408 [1984).

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
General Counsel Conference East 2024
November 18, 2024 - November 19, 2024
New York, NY

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies


Learn More
British Legal Awards 2024
November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.


Learn More
GlobeSt. Healthcare Real Estate 2024
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
Go to Events Go to Webcasts
Associate / Counsel: Full Time Experienced - Hybrid or Fully Remote

ROBSON & ROBSON P.C. is a boutique firm located in King of Prussia, Pennsylvania that focuses on complex commercial litigation and trans...


Apply Now ›
Associate Corporate Counsel (Bilingual ENGLISH / KOREAN)

Responsibilities but not limited to: Prepare cases for and manage litigation at all levels and at various stages, including but not limited...


Apply Now ›
Multiple Offices (Los Angeles, CA; San Francisco, CA) Labor & Employment Counsel

Description: Fox Rothschild has an opening in the San Francisco or Los Angeles office for a Counsel in our Labor & Employment Department...


Apply Now ›
Go to Lawjobs