Monday, April 4, 2016

Trespassing At Dusk?

Dusk does not begin the moment the sun falls behind the horizon, because that is not when night has begun.
 
People v. Orta, 2016 BL 85538, N.Y. Crim. Ct., No. 2015BX043959, 3/15/16

     The Criminal Court for the City of New York, Bronx County ruled that dusk is essentially a synonym for nightfall. The court also indicated that the period between sunset and dusk, called twilight, is still light enough to see objects clearly and carry on with outdoor activities.

     When the officer stated that "the sun had set and nightfall had begun" did not precisely indicate that the defendant had violated the proscription against being in the park after dusk.

http://www.bloomberglaw.com/public/desktop/document/People_v_Orta_No_2015BX043959_2016_BL_85538_NYC_Crim_Ct_Mar_15_20?1459443687

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