People v. Archer

537 N.Y.S.2d 726 (1988)

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Nature of the Case

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Facts

Ds entered Highland Hospital in Rochester, New York, and went at once to the fifth floor, east wing. All 42 persons sat down in the hallway which led to the examining, and clinical treatment, rooms where nine abortions were scheduled to be performed that day. The group sang hymns, greeted the women who came for abortions, and distributed pro-life literature to them. Over a period lasting about five hours, the police tried to evacuate these protestors with persuasion, admonition, threats, and warnings. The police finally resorted to arrests. All 42 people were in custody, about 1:00 p.m. that afternoon. The charges which the hospital and the police have filed against Ds are criminal trespass, third-degree, and resisting arrest. P moved, on written application, to preclude Ds from asserting the 'necessity defense' at the trial. The motion was denied as Ds had not pleaded the defense but it was tabled for consideration if they did. Ds did.