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PEOPLE v. CHEYNE

93 Misc.2d 554 (1978)

The People of the State of New York, Plaintiff v. Harold J. Cheyne, Jr., Defendant.

District Court of Suffolk County, First District.

March 13, 1978

Attorney(s) appearing for the Case

Lewis Burger for defendant. Henry F. O'Brien, District Attorney (Mary Werner of counsel), for plaintiff.

JOSEPH M. O'DONNELL, J.

The defendant moves to set aside the verdict of this court finding him guilty of criminal trespass in the second degree (Penal Law, § 140.15), contending that he remained on the premises under color of right.

In a matrimonial action, a judgment was entered August 26, 1977 (Cheyne v Cheyne, Supreme Ct, Suffolk County, DE LUCA, J.) in which it was decreed "That Plaintiff shall have the right of exclusive use and...

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