People v. Luke (Derek)

37 Misc. 3d 73 (2012)

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Nature of the Case

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Facts

Manhattan's Taft Houses is a public housing development consisting of nine almost identical brown brick buildings. Manhattan's Taft Houses is a public housing development consisting of nine almost identical brown brick buildings. D went there to visit a longtime family friend for dinner and provide her with computer assistance. D mistakenly entered the wrong building directly across the street. Officer Marte, was on 'vertical patrol' at one of the Taft Houses buildings, located at 65 East 112th Street. She testified that tenants would access the building by using a key or the intercom and that there were 'no trespassing' signs posted. She went on to testify that the entrance doors to the building were not always locked. She observed D enter the building but was not able to state how he gained entry. Marte and her partner boarded an adjacent elevator to the 19th floor to follow D. The elevator stopped on the 11th floor, at which time she observed D standing in the hallway. Marte and her partner continued up to the 19th floor where they patrolled the roof before taking the stairs down to the 18th floor. She then observed D standing in the hallway of the 18th floor. D informed her that he did not live in the building but was visiting an aunt who was a tenant and that he had friends in the building. Defendant could not provide an apartment number or the name of his aunt or friends. D was then arrested and searched. No drugs or weapons were found on his person. D testified that Ms. Holder lived in the Taft Houses and he visited her 10 to 15 times over a 10-year period prior to December 2008. D had spoken to Ms. Holder by telephone on December 18, 2008, and arranged to visit her the next day to help her with some computer problems and to have dinner. It was dark, and he had not been in that area a while. D gained access to 65 East 112th Street as another individual exited the building, and he took the elevator to the 18th floor. D realized he made a mistake and while searching for Ms. Holder's number on his cell phone, he was approached and eventually arrested. He informed Marte that he was on probation and if he was permitted to make a phone call it would 'clear everything up.' She refused, and he was arrested. Ms. Holder corroborated D's testimony. Ms. Holder testified about how almost everything about the complex was exactly the same, that the intercom system does not work and the directory listing residents was incomplete. She testified that the door to her building 'hasn't been locked in years.' Ms. Holder eventually filed a complaint with the 'complaint bureau' about the fact that her invited guest had been arrested for trespassing. D was convicted of criminal trespass in the third degree. D appealed.