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THE PEOPLE, res, v. SEAN PHILLIPS, def-app

14-091. THE PEOPLE, res, v. SEAN PHILLIPS, def-app — Judgment of conviction (Kevin B. McGrath, J.), rendered April 16, 2013, affirmed.

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14-091. THE PEOPLE, res, v. SEAN PHILLIPS, def-app — Judgment of conviction (Kevin B. McGrath, J.), rendered April 16, 2013, affirmed.

The accusatory instrument was not jurisdictionally defective. The information, comprising the misdemeanor complaint and the supporting deposition of the arresting New York City police officer, who was assigned to the Transit Bureau, alleged, inter alia, that defendant was observed “enter[ing] the subway station beyond the turnstiles, which is an area enclosed by the turnstiles and gates in a manner designed to exclude those who do not pay the required fare, by walking through an exit gate” and that “defendant did not have permission or authority to enter beyond the turnstiles without paying.” These factual allegations, “given a fair and not overly restrictive or technical reading” (see People v. Casey, 95 NY2d 354, 360 [2000]), are sufficient for pleading purposes to establish reasonable cause to believe and a prima facie case that defendant was guilty of third-degree criminal trespass. Contrary to defendant’s contention, as a matter of common sense and reasonable pleading (see People v. Dinardo, 94 AD3d 626 [2012], lv denied 19 NY3d 972 [2012]), the nonhearsay allegations were sufficient to establish that defendant entered unlawfully (see generally People v. Pin, 41 Misc 3d 128[A], 2013 NY Slip Op 51681[U] [App Term, 1st Dept 2013], affd sub nom. People v. Matthew P., 26 NY3d 332 [2015]), without remitting the requisite payment or otherwise having a right to enter.

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