DEFENDANT WAS CHARGED WITH CRIMINAL TRESPASS FOR ENTERING A WORKSHOP OWNED BY DECEDENT; DEFENDANT SOUGHT TO TESTIFY THE DECEDENT HAD GIVEN HIM PERMISSION TO ENTER THE WORKSHOP; THE TESTIMONY WAS PRECLUDED AS HEARSAY; BUT THE HEARSAY WAS ADMISSIBLE TO DEMONSTRATE DEFENDANT’S STATE OF MIND WHEN ENTERING THE WORKSHOP; NEW TRIAL ORDERED (THIRD DEPT).

The Third Department, reversing the criminal trespass conviction and ordering a new trial on that charge, determined the judge should not have precluded the defendant from testifying that the decedent had granted defendant permission to enter decedent’s workshop. The testimony but precluded as inadmissible hearsay. But the testimony was offered to demonstrate defendant’s state of mind, a nonhearsay purpose:

… [A] new trial is required in connection with this charge due to County Court’s erroneous preclusion of evidence. Prior to trial, the People sought to preclude defendant from testifying that he had been granted permission by decedent to enter his workshop. Defendant opposed, and the court granted the motion on the ground that such evidence would constitute inadmissible hearsay. However, this proof would have been relevant and admissible for a nonhearsay purpose, i.e., to establish defendant’s state of mind when he entered the workshop … . Recognizing that the question of whether defendant believed he had decedent’s permission to enter bore directly upon whether he did so knowingly and unlawfully that is, without license or privilege (see Penal Law §§ 140.00 [5]; 140.10 [a]) as required to establish this crime, the court’s ruling effectively prevented him from exercising his constitutional right to present a defense, and this error cannot be said to be harmless … . People v Bombard, 2026 NY Slip Op 06175, Second Dept 10-22-26

Practice Point: Hearsay can be admissible to demonstrate a person’s state of mind. Here evidence the decedent gave the defendant permission to enter decedent’s workshop constituted a defense to the criminal trespass charge. To exclude the testimony deprived defendant of his constitutional right to put on a defense.