The following excerpt is from People v. Pennisi, 111 N.Y.S.3d 806 (Table), 61 Misc.3d 1224 (A) (N.Y. Crim. Ct. 2018):
In furtherance of their argument, the People cite to the updated New York City Police guidelines and argue that the guidelines authorize police officers to arrest anyone taking pictures inside police precincts and charge them with trespass. The court notes said guidelines are not binding on this court, nor can the court consider it as it's not contained within the four corners of the accusatory instrument itself. People v. Thomas , 4 NY3d 143, 146 (2005). Moreover, the guidelines do not support the People's argument. The guidelines specify that "members of the service may order any member of the public who is photographing or recording within Department facilities to stop such activity. If such person refuses to stop, they then should be ordered to leave the premises. If such person refuses to leave the premises, members of the service may take proper enforcement action under the trespass statues." See Patrol Guide Procedure No. 203-2. The very guidelines that the People rely on, explain why this complaint is facially insufficient. They require that the officer order the defendant to leave, which in this instance the officer failed to do so.
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