Legal Opinion
People v. O'Grady
Appellate Terms of the Supreme Court of New York
Decided July 18, 1990PublishedCited by 6 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
Judgments of conviction affirmed.
The record establishes that the defendants scaled a fence containing signs warning against trespass and entered a naval facility under construction on Staten Island. They did so in protest against nuclear weapons which they thought would be aboard vessels entering the port when the facility was completed.
As they did in the court below, defendants maintain that their actions fell within the purview of the justification defense set forth in section 35.05 of the Penal Law. They also contend that they are immune from prosecution…
2Cases cited4 opinions
- Adderley v. FloridaSupreme Court of the United States · 1966
- Greer v. SpockSupreme Court of the United States · 1976
- United States Postal Service v. Council of Greenburgh Civic AssociationsSupreme Court of the United States · 1981
- People v. JordanNew York Court of Appeals · 1984
3Cited by6 opinions
- People v. CraigNew York Court of Appeals · 1991
- People v. GrayCriminal Court of the City of New York · 1991
- People v. ScutariNassau County District Court · 1990
- People v. Berlin (Rebecca)Appellate Terms of the Supreme Court of New York · 2020
- People v. Newman, New York County Courts2004
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