In a recent victory in Suffolk County District Court, First District (Central Islip), our office secured a complete dismissal of a Criminal Trespass in the Third Degree charge (Penal Law § 140.10) after filing a motion challenging the legal sufficiency of the accusatory instrument.
This result was achieved by firm attorney Samantha T. Kantor, Esq., who successfully identified multiple defects in the accusatory instrument and filed a motion to dismiss on behalf of the client. After reviewing the motion, the Suffolk County District Attorney’s Office consented to dismissal, and the case was dismissed in its entirety.
The Charge
The client was charged with Criminal Trespass in the Third Degree, a Class B misdemeanor, following allegations that she entered property in Lindenhurst after being removed from the residence earlier that day.
A criminal conviction can carry serious consequences, including:
- A permanent criminal record
- Potential jail exposure
- Employment consequences
- Immigration consequences for some individuals
- Professional licensing concerns
The Defense Motion
Attorney Samantha Kantor filed a motion arguing that the accusatory instrument was facially insufficient and jurisdictionally defective because it failed to establish essential elements of the offense through non-hearsay allegations.
The motion identified several significant issues, including:
Reliance on Hearsay
The complaint alleged that the defendant had been informed by the Suffolk County Sheriff’s Office not to return to the property. However, those allegations were based on statements allegedly made by third parties rather than facts within the complainant’s personal knowledge. The motion argued that hearsay allegations could not be used to establish the critical element that the defendant knowingly entered or remained unlawfully on the property.
Failure to Establish Knowledge
To prove Criminal Trespass in the Third Degree, the prosecution must demonstrate that a defendant knowingly entered or remained unlawfully on the property of another. The motion argued that the complaint lacked non-hearsay facts establishing that the defendant knew she was not permitted to be present.
Failure to Allege Essential Elements
The motion further argued that the complaint failed to allege sufficient facts establishing that the property was “fenced or otherwise enclosed in a manner designed to exclude intruders,” an essential element of Criminal Trespass in the Third Degree.
The Result
After reviewing the defense motion, the Suffolk County District Attorney’s Office consented to dismissal, and the court dismissed the charge in its entirety.
Final Outcome:
✅ Criminal charge dismissed
✅ No conviction
✅ No criminal record resulting from this case
✅ Client avoided further court proceedings
Why This Matters
A criminal complaint must do more than accuse someone of wrongdoing. Under New York law, prosecutors must establish every element of a charged offense with legally sufficient factual allegations.
When a complaint relies on hearsay, omits essential elements, or fails to establish a prima facie case, dismissal may be required.
This case demonstrates the importance of having an attorney who carefully reviews every aspect of the prosecution’s case and is prepared to challenge defective charges through motion practice.
Facing Criminal Charges in Suffolk County?
If you have been charged with a crime in Suffolk County or anywhere on Long Island, an early review of the accusatory instrument may reveal defenses that can significantly impact the outcome of your case.
Attorney Samantha T. Kantor and the criminal defense team at Arnold A. Arpino & Associates, P.C. fight to protect our clients’ rights at every stage of the criminal process.
📞 Call (631) 724-5251