PEOPLE v. LEONARD


62 N.Y.2d 404 (1984)

The People of the State of New York, Respondent, v. Peter T. Leonard, Appellant.

Court of Appeals of the State of New York.

Decided June 14, 1984.


Attorney(s) appearing for the Case

John L. Perticone, Acting Public Defender (Kenneth Ira Krigstein of counsel), for appellant.

Patrick H. Mathews, District Attorney (James P. Maxwell of counsel), for respondent.

Judges JASEN, WACHTLER, MEYER, SIMONS and KAYE concur; Judge JONES taking no part.


Chief Judge COOKE.

An individual who has been issued a "persona non grata" letter by a State University president, that banishes the individual from that part of the university campus normally "open to the public", may not be convicted of trespassing for entering the campus when no proof is adduced to show that the banishment order was lawful. To sustain the burden of showing the order's lawfulness, the People...

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