What is the test for establishing that the apartment in which defendant was found to be the home or place of business of the complainant?
"New York", United States of America
The following excerpt is from People v. Simmons, 112 N.Y.S.3d 869 (Table), 62 Misc.3d 1205 (A) (N.Y. Crim. Ct. 2018):
"Accordingly, since the information does not plead facts of an evidentiary character, leading to a reasonable inference that the apartment in which defendant was found was the home or place of business of [the complainant], it is facially insufficient." ( People v. Diaz , 48 Misc 3d 1208[A] at *3 [Crim Ct, NY County 2015] ; see also People v. Friedman , 48 Misc 3d 817 [Crim Ct, Queens County 2015].)
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