People v. Munafo, 50 N.Y.2d 326 (1980)

For a criminal trespass conviction, the prosecution must prove the defendant knowingly entered or remained unlawfully on property without license or privilege to do so.

Summary

James Munafo, Sr., was convicted of trespass and disorderly conduct for protesting the State Power Authority’s construction on his land. The Court of Appeals reversed, holding that Munafo, as the landowner, had a privilege to be on his property, thus negating the trespass charge. The court also found the disorderly conduct charge insufficient because Munafo’s actions, though disruptive, did not create a public disturbance, given the secluded location and the lack of widespread impact.

Facts

The State Power Authority appropriated a right-of-way across Munafo’s farm. Disturbed by the construction of a transmission line, Munafo protested by firing a rifle at a target on his property near the construction site (but without endangering anyone). After police confiscated the rifle, he positioned himself in front of a backhoe, refusing to move, leading to his arrest. Approximately 8-10 people not associated with the power authority were present.

Procedural History

The Town Court of the Town of Russell convicted Munafo of trespass and disorderly conduct. The County Court of St. Lawrence County affirmed the convictions. Munafo appealed to the New York Court of Appeals.

Issue(s)

1. Whether Munafo’s presence on his own property, subject to the Power Authority’s easement, constituted criminal trespass.

2. Whether Munafo’s actions constituted disorderly conduct.

Holding

1. No, because Munafo, as the landowner, retained a privilege to be on his property, and the Power Authority’s easement did not negate that privilege.

2. No, because Munafo’s actions did not create a public disturbance as required for a disorderly conduct conviction.

Court’s Reasoning

Regarding the trespass charge, the court emphasized that criminal trespass requires knowingly entering or remaining unlawfully on property without license or privilege. While the Power Authority had an easement, Munafo retained ownership and possessory interest in the land. The court noted the incongruity of interpreting the law to prevent a landowner from traversing his own property. The court cited the Penal Law § 140.00(5) which discusses the power of an owner to convert lawful entries into unlawful ones. The court found no indication that the legislature intended to criminalize a landowner’s presence on his property subject to an easement.

Regarding the disorderly conduct charge, the court explained that it aims to deter breaches of the peace, defined as “public inconvenience, annoyance or alarm.” The court focused on whether the disruptive behavior had public ramifications. Here, Munafo’s actions occurred in a secluded area of his property, away from public thoroughfares. The number of people present was small, and there was no evidence that Munafo incited or involved them. Therefore, the dispute remained between Munafo and the Power Authority, not a public disturbance. The court distinguished this case from situations involving obstruction of public passage or refusal to disperse from a congregated crowd. The court concluded that the prosecution failed to prove disorderly conduct beyond a reasonable doubt, stating that “the differences between the authority and the defendant were confined to these two disputants rather than spread to the public.”