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
1 Answer from Attorneys
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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