In People v. Richardson, 35 Misc 3d 1231[A] 2012 NY Slip Op 50961[U] [Crim Ct, NY County 2012], the defendant was observed by an officer inside the lobby of a New York City Housing Authority ("NYCHA") building beyond the vestibule and a posted sign which read, "No Trespassing". The information alleged that the defendant provided an address different from the NYCHA building in which he was found and he was unable to provide the identity of a resident of whom defendant was an invited guest. In challenging the facial sufficiency the trespass charge, the defendant argued that the information failed to provide sufficient non-hearsay allegations establishing that he was not an invited guest. In denying the defendant's motion to dismiss the trespass charge, the court held that: "The issue of whether defendant was, in fact, an invited guest to the dwelling, and therefore enjoyed a privilege or license to enter the apartment building beyond the vestibule constitutes a proviso3 rather than an exception to the trespass statute. As such, defendant is required to raise this issue as a bar to the instant prosecution, but it is not necessary that the accusatory instrument negate the possibility of defendant's privilege or license to enter or remain on said premises at the pleading stage." 2012 NY Slip Op 50961[U] at 5.