Daniel Rubin shuffled into the Brooklyn Criminal Court from the pens in the back with the unruly hair and beard and stiff-legged walk of a 54-year-old man who's had a sleepless night. Standing in front of the judge last Thursday morning, Rubin heard the charge against him: trespassing.
Simple trespassing, under New York criminal law, is a violation. Criminal trespass in the third degree is a B-level misdemeanor. Neither charge, on its own, permits police to arrest someone and take them into custody.
The assistant district attorney prosecuting Rubin's case told the judge his office was offering Rubin an adjournment in contemplation of dismissal, or ACD. Rubin could go free and his case would be sealed, so long as he didn't get into more trouble over the next six months. A court officer unshackled Rubin's arms and he gingerly stretched his arms. Turning away from the judge, he passed through the gate into the court gallery, waiting briefly on a bench for his lawyer to bring over a MetroCard for his ride home.
Outside the courtroom, Rubin was indignant. "I was sleeping on a train!" he told Hell Gate.
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