ALBANY -- The Albany County district attorney's office said the 25 Occupy Albany protesters arrested Saturday for staying in a state-owned park across from the Capitol past an 11 p.m. curfew will not be prosecuted for trespassing.

State Police made 13 more arrests at the site late Sunday.

The charges against those taken out of Lafayette Park on Saturday and arrested by State Police will be dismissed when the activists show up for their appearance tickets in Albany City Court on Nov. 21 and 22, Cecilia Logue, a spokeswoman for the district attorney's office, told the Times Union Sunday.

The decision is in line with Albany County District Attorney David Soares' assertion soon after the protest began 24 days ago that as long as the demonstrators remain peaceful, they will not be prosecuted.

"(Soares) has said that he believes the resources in Albany county could be better used," said Logue. "There are more pressing needs in the county and there are not enough resources to go around."

On Sunday, State Police arrested 13 people at the site starting at 11:15 p.m., shortly after the curfew. Several minutes before 11 p.m., troopers used a megaphone to advise protesters that they were violating state Penal Law. The demonstrator at the core of the protest, Bradley Russell of Albany, wore a cardboard likeness of the Constitution and yelled that it was a document troopers had sworn to uphold.

The confrontation with police had been peaceful, but demonstrators are directing blame for the arrests at Gov. Andrew Cuomo. At one point, protesters chanted "Wall Street says jump; Cuomo says how high."

The protesters were charged with trespassing, police said.

Occupy Albany, a pint-size offshoot of the Occupy Wall Street movement, continues to pit Gov. Andrew Cuomo against county and city officials, who maintain the protesters should be allowed to stay in the parks without interference from police.

Cuomo has repeatedly requested publicly that the 11 p.m. curfews in both Lafayette Park and Academy Park be enforced. The governor's office would not comment Sunday on the arrests. State Police would not return calls seeking comment as to whether they would continue making curfew arrests.

News that Occupy Albany protesters would not be prosecuted for trespassing seemed to emboldened the activists, many of them scoring the development as a major victory.

Russell, the 39-year-old Albany anthropologist who was the first to be arrested Saturday afternoon when he built a "freedom fort" on Lafayette Park, had said he planned on going back to the state-owned park around 10 p.m. Sunday.

"It shows that Soares agrees that there is no legal basis for our arrests," said Russell. "What are they going to do, keep arresting us every night but have the charges dropped? We'll keep doing this every night. I don't want Andrew Cuomo to wake up one morning and think that he's won."

The Occupy Albany demonstrators have been living in a patchwork community of tents on Academy Park on Oct. 21. Academy Park is a city-owned park adjacent to Lafayette Park. The two are separated by the Albany City School District headquarters, which acts as a de facto borderline. Everything north of the school building is Lafayette Park -- state property -- and everything south of the building is Academy Park, which is owned by the city and has an 11 p.m. curfew as well. City police have not enforced the curfew since the demonstration began.

The protesters had stayed on city land until Russell crossed over Saturday. After Russell was arrested, over two dozen Occupy Albany activists agreed to stage a "meditation flash mob" on a monument at Lafayette Park.

Shortly after 11 p.m., State Police began warning the 24 protesters who remained that they would be arrested if they didn't leave state property. The demonstrators were warned two more times before police began arresting each one by one just after 11:30 p.m. Police tied their hands behind their backs with nylon bands and walked them to a blue State Police van.

From there, the protesters, who left to a chorus of anti-Cuomo chants from a nearby crowd, were shuttled to a meeting room in the concourse of Empire State Plaza. They were issued appearance tickets for trespassing and released by 1 a.m.

The arrests went without incident. Trespassing is a violation and is punishable by a $250 fine or 15 days in jail.

The Times Union reported in October that the curfew in Lafayette Park was established the week the protests began. Daniel Morrissey, one of the protesters arrested Saturday, assailed the governor for establishing a curfew in anticipation of Occupy Albany. "You can't just make up these ad hoc laws and them enforce them whenever you wish to do so," said Morrissey, 24, of Grand Street.

Morrissey said Occupy Albany is planning a massive sit-in at Lafayette Park this weekend, one he hopes could draw up to 500 people willing to be arrested. Several other demonstrators said Sunday they planned on challenging State Police to arrest them during the week.

One arrested protester, Andrew Kenefick, 26,was cited for disorderly conduct Saturday as well as trespassing. Logue, the spokeswoman from the district attorney's office, said she did not know whether any charges other than trespassing would be dismissed.

Reach Bryan Fitzgerald at 454-5414 or at bfitzgerald@timesunion.com. Jimmy Vielkind contributed to this report.