[DOWNLOAD] "People v. Mayol" by New York County Criminal Court of the City of New York # Book PDF Kindle ePub Free
eBook details
- Title: People v. Mayol
- Author : New York County Criminal Court of the City of New York
- Release Date : January 26, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
When a defendant is charged with an offense that arises from his interference with the arrest of a third party a facially sufficient information must draw a nexus between the defendants conduct and his alleged disruption of the arrest. The defendant Ulipano Mayol charged with one count of PL 195.05 (Obstruction of Governmental Administration in the second degree) and one count of PL 205.30 (Resisting Arrest), moves to dismiss the accusatory instrument on grounds of facial insufficiency pursuant to CPL 100.40 and 170.30. The charges stem from a car stop by the police in which the defendant is alleged to have shouted and refused to comply with an officers orders to show his hands while the officers partner was attempting to arrest a third person. At issue is the level of proof required to establish the requisite elements of intimidation, physical force or interference in a charge of Obstruction of Governmental Administration. We conclude that the defendants alleged conduct, as described in the underlying accusatory instrument, only rose to the level of a distraction rather than an interference, and as such, is insufficient to establish a prima facie case as to this charge.
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