In People v. Leonard (62 N.Y.2d 404 [1984]), the Court of Appeals overturned a conviction for trespass against a former State University of New York (SUNY) student who had been issued a persona non grata two years prior due to his behavior on campus. The Court said, "When the property is 'open to the public' at the time of the alleged trespass, . . . the accused is presumed to have a license and privilege to be present." (Id. at 408.) In such case, the People have the burden of proving that (1) a lawful order excluding the defendant from the premises issued, (2) that the order was communicated to the defendant by a person with authority to make the order, and (3) that the defendant defied that order (id.). The Court recognized the administrators of SUNY Binghamton as having broad power and great flexibility in maintaining order and securing the safety of others on the school campus, but held that the state trespass laws "may not be enforced solely to exclude persons from exercising First Amendment or other protected conduct in a manner consistent with the use of the property" (id. at 410). The Court held, "To satisfy its burden of proof with respect to the element of the crime that a 'lawful order not to enter' the property issued, the People must demonstrate that the particular order of exclusion had a legitimate basis and that, considering the nature and use of the subject property, its enforcement did not unlawfully inhibit or circumscribe the defendant from engaging in constitutionally or statutorily protected conduct." (Id. at 411)