People v. Chachere

OPINION OF THE COURT

Angelo Mauceri, J.

On June 3, 1979, the defendant participated in a mass demonstration at the Shoreham Nuclear Power Plant owned by the Long Island Lighting Company (LILCO). Police officers and duly appointed employees of LILCO were behind the wire fence which enclosed the plant buildings. A LILCO employee warned the defendant that climbing the fence would be a trespass and he would be arrested by the police officers. The defendant ignored the warning and climbed the fence. He was promptly arrested for the crime of trespass, section 140.10 of the Penal Law, as a misdemeanor.