People v. Meadow

• Citation: 101 Misc.2d 203,420 N.Y.S.2d 864
• Parties: The PEOPLE of the State of New York v. David MEADOW, Pamela Abrams, Bridget Trenkle, Craig Heinke, Hilda Speicher, Lori Lovoi, Lawrence Pruyne, Joseph Rollins, Sharon Cohen, Catherine Gillman, Aaron Morrill and Robert Sundgrund.
• Decision Date: 10 October 1979
• Court: New York Town Court

Page 864

420 N.Y.S.2d 864

101 Misc.2d 203

The PEOPLE of the State of New York v. David MEADOW, Pamela Abrams, Bridget Trenkle, Craig Heinke, Hilda Speicher, Lori Lovoi, Lawrence Pruyne, Joseph Rollins, Sharon Cohen, Catherine

Gillman, Aaron Morrill and

Robert Sundgrund.

Town Court, Town of Harrison, Westchester County.

Oct. 10, 1979.

Carl A. Bergari, Dist. Atty., Russell T. Seeman, Asst. Dist. Atty., White Plains, for plaintiff.

Stephen T. Rogowsky, Port Chester, for defendants.

OPINION OF THE COURT

WILLIAM R. JOHNSTON, Town Justice.

Defendants move by way of an omnibus motion for an order:

1. Dismissing the information pursuant to CPL 170.30(1)(a), (f), (g), and;

2. Granting discovery to the defendants pursuant to CPL 340.30, and;

3. Directing the District Attorney to file a Bill of Particulars pursuant to CPL 100.45, and;

4. For such other and further relief as the Court may deem just and proper.

Defendants motion to dismiss the information is denied. Defendants motion for discovery and inspection is granted as to the item requested in paragraph 8(a) and (b) and denied as to paragraph 8(c). Defendants motion for a Bill of Particulars is granted as to all the particulars requested in paragraph 10.

The Court is denying defendants motion to dismiss because upon reviewing all the papers and documents submitted in the motion it disagrees with defendants premise set forth at page 8 of defendants memorandum of law that "The authority of the chief administrative officer (or his designee), to order students to leave a university building, does not amount to a "lawful order" as defined in Penal Law Sec. 140.00(5). Section 140.00 subdivision 5 of the Penal Law provides that a person to be guilty of Section 140.00 must defy a "lawful order" not to enter or remain, personally communicated to him by the owner of such premises or other authorized person. Defendants argue that the chief administrative officer, (or his designee), were neither the "owner" nor such authorized person and that therefore they had no right to lawfully order the Defendants "not to enter or remain."

Defendants argument is based on the rules and regulations promulgated by the Trustees of the University pursuant to Section 6450 of the Education Law which Rules and Regulations are found in 8 NY CRR 535 et seq., and especially 8 NY CRR 535.6(a)(b).

Section 535.6(a)(b) captioned Procedure sets forth the procedures to be taken in the event of a violation of Section 535.3 captioned Prohibited Conduct. Subdivision (a) provides that in the event a licensee or invitee violates any provision of the rules, he can have his license or invitation withdrawn and be ejected from the premises. Subdivision (b) provides that in the case of any other violator, who is neither a student, non faculty or other staff member, the chief administrative officer, or his designee, shall inform him that he is not authorized to remain on the campus or other property of the institution and direct him to leave such premises. The last sentence of "subdivision b" further provides that:

("nothing in this subdivision shall be construed to authorize the presence of any such person at any time prior to such violation nor to affect his liability to prosecution for trespass or loitering as prescribed in the Penal Law").

From this last sentence of Subdivision (b) the defendants argue that the Trustees of the University did not intend to give the chief administrative officer, or his designee, the authority required by Section 140.00(5) to lawfully order a student to leave the Campus or other property of the University. I disagree. I think that the last sentence of subdivision (b) was intended to make it clear that a violator other than a student etc., who commits a violation of the rules and who is not a licensee or invitee, cannot argue in a prosecution under the Penal Law for trespass or loitering that subdivision (b) of Section 535.6 was a license or invitation for him to enter the premises until...