People v. Leonard
New York Court of Appeals
POINTS OF COUNSEL I. The trial court erred by failing to dismiss the information on the ground that the order banishing appellant from the State University of New York at Binghamton (SUNY-Binghamton) campus was unlawful because SUNY-Binghamton does not have the power to issue such an order and because such an order violates appellant’s constitutional right to travel freely.
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POINTS OF COUNSEL I. The trial court erred by failing to dismiss the information on the ground that the order banishing appellant from the State University of New York at Binghamton (SUNY-Binghamton) campus was unlawful because SUNY-Binghamton does not have the power to issue such an order and because such an order violates appellant’s constitutional right to travel freely. (Kent v Dulles, 357 US 116; United States v Guest, 383 US 745; Loughran v Codd, 432 F Supp 259; Matter of Jacobs, 98 NY 98; Aptheker v Secretary of State, 378 US 500; People v De Clemente, 110 Mise 2d 762; People v Nunez,…
1Opinion of the Court
*407OPINION OF THE COURT
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 must demonstrate that, given the nature and purpose of the property, the particular exercise of the power to exclude had a legitimate basis. The purpose would not be…
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