Under New York’s Penal Law 140.10, trespass in the third degree requires simple trespass along with the allegation that the accused unlawfully remained in an area which was fenced in or otherwise enclosed so as to exclude intruders. Trespass in the third degree is a class B misdemeanor.
As a class B misdemeanor, under Penal Law 70.15, the maximum sentence would be three months in jail and the fine cannot exceed $500. However, it is unlikely that you will receive the maximum sentence. This is particularly the case if you do not have a criminal record. You should discuss the possibility of an Adjournment in Contemplation of Dismissal (ACD) with your Buffalo Criminal Attorney.