People v. Howlett

Defendant was entitled to a trial by jury on a charge of resisting arrest (Penal Law, § 205.30). It was error to reduce the charge, on the People’s motion, to a hypothetical charge of attempted resisting arrest (Penal Law, §§ 110.00, 205.30) which deprived him of the right to a jury, in violation of due process of law. The conviction on the reduced charge should therefore, be reversed.

Inasmuch as the sentence imposed a period of probation of three years on the conviction for both attempted resisting arrest and harassment, the case should be remanded for resentence on the conviction of…