State of New Jersey v. Sylvia Diane Wilson
CourtNew Jersey Superior Court Appellate Division
Date FiledOctober 20, 2026
DocketA-3917-24
StatusUnpublished
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Full Opinion
NOT FOR PUBLICATION WITHOUT THE
APPROVAL OF THE APPELLATE DIVISION
This opinion shall not "constitute precedent or be binding upon any court ." Although it is posted on the
internet, this opinion is binding only on the parties in the case and its use in other cases is limited . R. 1:36-3.
SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
DOCKET NO. A-3917-24
STATE OF NEW JERSEY,
Plaintiff-Respondent,
v.
SYLVIA DIANE WILSON and
CAMRYN EDWARDS,
Defendants-Appellants.
Argued September 29, 2026 – Decided October 20, 2026
Before Judges Vanek and Bergman.
On appeal from the Superior Court of New Jersey, Law
Division, Essex County, Municipal Appeal Nos. 2025-
02 and 2025-03.
Bennet D. Zurofsky argued the cause for appellants
(Bennet D. Zurofsky, attorneys; Bennet D. Zurofsky
and Susan J. Vercheak, on the briefs).
Stephen A. Pogany, Assistant Prosecutor, argued the
cause for respondent (Theodore N. Stephens, II, Essex
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County Prosecutor, attorney; Stephen A. Pogany, on the
brief).
PER CURIAM
Defendants Sylvia Diane Wilson and Camryn Edwards appeal from a June
27, 2025 Law Division order finding them guilty of defiant trespass, N.J.S.A.
2C:18-3(b). We affirm.
I.
The charges against defendants stemmed from a protest on December 5,
2024 at Formosa Plastics' (Formosa) Livingston headquarters. The record
reflects that Formosa, anticipating a protest by defendants, requested police
assistance and instructed employees to work from home. On the day of the
demonstration, Formosa informed police the protestors were not permitted on
the property and, as a result, police established a cone line marking off the area
the protestors were not permitted to cross. Police testimony at the hearing and
body worn camera videos in evidence demonstrated the police repeatedly
warned protestors, including defendants, if they crossed the cone line that it
would constitute trespassing and result in their arrest. Despite these warnings,
both defendants crossed the line and were arrested.
After trial, the municipal court judge found both defendants guilty of
defiant trespass, N.J.S.A. 2C:18-3(b)(1). On appeal, the Law Division
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conducted a de novo review of the municipal court record and affirmed the
convictions and sentences. The court concluded the police, acting in
coordination with Formosa, were authorized to communicate Formosa's requests
that no protestors were to cross the cone line, defendants knowingly crossed the
line after police provided notice, and the restrictions imposed by Formosa did
not violate the defendants' free-speech rights under the First Amendment of the
New Jersey Constitution.
On appeal, defendants raise the following points for our consideration:
POINT I
THE PROSECUTION FAILED TO PROVE BEYOND
A REASONABLE DOUBT THAT THE PROPERTY
OWNER GAVE NOTICE BY "ACTUAL
COMMUNICATION."
POINT II
THE PROSECUTION FAILED TO PROVE BEYOND
A REASONABLE DOUBT THAT DEFENDANTS
REMAINED ON THE PROPERTY "KNOWING
[THEY WERE] NOT LICENSED OR PRIVILEGED"
TO DO SO.
POINT III
THE PROSECUTION FAILED TO DISPROVE THE
AFFIRMATIVE DEFENSES BEYOND A
REASONABLE DOUBT.
II.
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On appeal, we "consider only the action of the Law Division and not that
of the municipal court." State v. Oliveri, 336 N.J. Super. 244, 251 (App. Div.
2001) (citing State v. Joas, 34 N.J. 179, 184 (1961)). Under Rule 3:23-8(a)(2),
the Law Division may make independent findings of fact and conclusions of law
de novo, based on the record from the municipal court. We further review
"whether the findings made could reasonably have been reached on sufficient
credible evidence present in the record." State v. Locurto, 157 N.J. 463, 471
(1999). Our review of legal determinations is plenary. See State v. Handy, 206
N.J. 39, 45 (2011).
A.
Defendants' principal contention is the State failed to prove that they were
provided actual notice beyond a reasonable doubt, an element of defiant trespass
under N.J.S.A. 2C:18-3(b)(1). Defendants argue that for "actual
communication" under the defiant trespass statute, the property owner—or
someone with similar authority—must directly provide the notice. Defendants
assert that because law enforcement, rather than a representative from Formosa
management, informed them they would be trespassing if they crossed the coned
line, the statute's notice requirement was not satisfied. We are not persuaded by
this argument.
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Under N.J.S.A. 2C:18-3(b)(1), "[a] person commits defiant trespass 'if,
knowing that [s]he is not licensed or privileged to do so, [s]he enters or remains
in any place as to which notice against trespass is given by . . . [a]ctual
communication to the actor.'" In re Mullen, 253 N.J. 49, 59 (2022) (quoting
N.J.S.A. 2C:18-3(b)(1)).
N.J.S.A. 2C:18-3(b)(1) contains no language or other terms specifying
that the owner of private property exclusively must provide the actual
communication. In State v. Hamilton, we held that a conviction of defiant
trespass was justified where police notified a group of protestors they could
protest on one side of the road but not block the entrance to the municipal
property. 368 N.J. Super. 151, 156 (App. Div. 2004). Although in Hamilton,
the property owner was in some way directly involved in providing actual notice ,
we did not specifically hold that the property owner was required to provide
such notice directly to the alleged trespassers.
The record exhibits that Formosa specifically requested police presence
to set a cone line to protect its private property rights and to ensure the
demonstration was peaceful. Formosa informed the police that protesters were
not permitted on its property and all communications should be provided
through the police. The police informed defendants and repeatedly
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communicated to them that they were not permitted on the property and crossing
the coned property line would result in arrest for trespass. We conclude
defendants' contention that repeated communication from law enforcement as
authorized by the owner is insufficient notice of trespass to defendants under
N.J.S.A. 2C:18-3(b)(1) lacks merit and is contrary to the clear terms of the
statute.
We conclude the police were permitted and authorized to provide the
actual notice to defendants required by the trespass statute, and the record
contains ample evidence supporting the trial court's finding that defendants were
guilty of defiant trespass under N.J.S.A. 2C:18-3(b). Law enforcement
repeatedly informed defendants that they were not permitted beyond the
property boundary line. At trial, defendants not only acknowledged these
multiple warnings, but purposefully failed to abide by them.
Based on our de novo review, we conclude the evidence in the record
clearly supports the findings of the trial court that defendants were provided
actual notice of the potential trespass by direct communication.
B.
Next, defendants contend the State failed to prove beyond a reasonable
doubt they remained on the property "knowing [they were] not licensed or
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privileged" to do so as required by N.J.S.A. 2C:18-3(b). Defendants contend
the State did not actually prove this element beyond a reasonable doubt, and
they believed they were licensed to enter the property for the following three
reasons: (1) Wilson was previously permitted to walk into Formosa's Texas
office uninvited to deliver correspondence or communicate with executives
there; (2) Edwards alone scouted the property ahead of the protest and had been
able to access the lobby of the property without obstacle; and (3) defendants'
belief in the societal norm that in absence of a security checkpoint maintained
by the landlord or tenant, visitors may freely approach and enter office buildings
through unlocked doors.
We conclude sufficient evidence exists in the record supporting the trial
court's finding that defendants remained on the property "knowing [they were]
not licensed or privileged" to do so. Defendants' arguments do not persuade us
that Edwards was permitted to enter the lobby of Formosa's Livingston office.
The separate and distinct events in Texas at a different office and Edwards' prior
entry into the office on a different day did not provide them with a permission
or valid license to enter Formosa's property in Livingston. As we previously
determined, defendants were aware that they were not permitted to cross the
boundary and enter Formosa's property. They were warned numerous times that
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doing so would constitute trespass and lead to their arrest. Given the record
clearly exhibits defendants were warned multiple times they would be
committing trespass if they crossed the boundary, their "belief" they were
permitted to enter the property based on prior events or that "societal norms"
permitted legal entry lack any logical or reasonable basis.
In this instance, there was sufficient, credible evidence supporting the trial
court's conclusion the State established beyond a reasonable doubt that the
defendants knew they had no right to enter Formosa's property and remained
there without any license or privilege to do so. This evidence clearly supports
defendants' convictions under N.J.S.A. 2C:18-3(b)(1).
C.
Defendants next contend their "free speech" rights under the First
Amendment of the New Jersey Constitution permitted them to enter Formosa's
property because they were attempting to "peacefully hand-deliver their letter."
Based on the facts of record, we conclude this argument lacks merit.
"New Jersey's Constitution guarantees individuals a broad, affirmative
right to free speech." Mazdabrook Commons Homeowners' Ass'n v. Khan, 210
N.J. 482, 492 (2012). The Constitution provides: "[e]very person may freely
speak, write and publish his sentiments on all subjects, being responsible for the
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abuse of that right." N.J. Const. art. I, ¶6. "New Jersey's Constitution's free
speech provision is an affirmative right, broader than practically all others in the
nation." Green Party v. Hartz Mt. Indus., 164 N.J. 127, 145 (2000).
The Court explained that "the New Jersey Constitution bars the
government from abridging free speech and protects 'against unreasonably
restrictive or oppressive conduct on the part of private entities ' in certain
circumstances." Dublirer v. 2000 Linwood Ave. Owners, Inc., 220 N.J. 71, 79
(2014) (citing State v. Schmid, 84 N.J. 535, 560 (1980)). However, "[e]ven if a
visitor can satisfy the standard [for free speech rights on privately owned
property,] the [Schmid] [c]ourt noted that property owners can 'fashion
reasonable rules to control . . . expressional rights' of others on their property."
Id. at 80 (citing Schmid, 84 N.J. at 563). "To assess the reasonableness of a
restriction, courts look to whether 'convenient and feasible alternative means' of
free speech exist, and whether the owner has reasonable standards in place to
protect the legitimate interests of the parties." Ibid. (internal citations omitted).
In N.J. Coalition Against War in the Middle E. v. J.M.B. Realty Corp.,
138 N.J. 326 (1994), the Court clarified that the Schmid test was designed to
balance "'expressional rights and private property rights.'" Dublirer, 220 N.J. at
81 (citing Coalition, 138 N.J. at 362). In Coalition, the Court determined that
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the balance favored the protestors' expressional rights to leaflet on the property
over the private property's interest. 138 N.J. at 365. However, the private
property owners were free to adopt reasonable time, place, and manner
restrictions to regulate the leafletting. Id. at 362.
Defendants argue that their right to free speech was violated by being
denied the opportunity to personally deliver correspondence to Formosa
executive employees. We are unconvinced. Turning to the record, Formosa
requested police presence to maintain the peace while still allowing defendants
to exercise their First Amendment rights. Through the police, Formosa set up
an area where protesters could gather, which included the entire road, while
prohibiting entry to their main building. Although Formosa employees refused
to accept any personal correspondence, they permitted it to pass through the
police for their safety and in order to maintain a peaceful demonstration.
Applying the foregoing legal standards, we conclude private property
owners such as Formosa are permitted to adopt reasonable restrictions to the
time, place, and manner of the activities to regulate expressional rights such as
protesting. In this instance, Formosa imposed reasonable restrictions on where
protesters could gather while permitting communication to pass through law
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enforcement. We determine defendants' activities were not reasonably
restricted and their First Amendment rights were not violated.
D.
We next turn to the defendants' final argument contending the State failed
to "disprove" the affirmative defenses asserted including (1) the property was
open to the public at the time and that they had "complied with all lawful
conditions imposed on access;" and (2) the defendants reasonably believed that
the owner would have licensed them to enter or remain on the property.
These arguments lack sufficient merit to warrant discussion in a written
opinion. R. 2:11-3(e)(2). We add only, as previously determined, Formosa's
private property was restricted by a police-enforced cone line at Formosa's
request and was clearly not "open to the public" on that date. Further,
defendants' subjective belief that the owner would have licensed them to remain
on the property was illogical because the record demonstrates that the owner
clearly took affirmative actions through law enforcement to communicate to the
protesters they were prohibited from entering its property.
To the extent we have not specifically addressed any of defendants'
remaining legal arguments we conclude they lack sufficient merit to warrant
discussion in a written opinion. R. 2:11-3(e)(2).
Affirmed.
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