New York Supreme Court April 8, 1970 (People v. Smith)

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United States · · · 08-04-1970

Per Curiam.

An ordinance which when literally applied seeks to make criminal any trespass upon open, unfenced, unposted land of another, no matter what the circumstances, irrespective of intent and irrespective of whether a reasonable person could be expected to know that his conduct was unlawful, cannot be sustained. (People v. Lawson, 44 Misc 2d 578, affd. 16 N Y 2d 552.

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