Legal Opinion

People v. Rodriquez

Criminal Court of the City of New York

Decided February 13, 2008PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Elisa S. Koenderman, J.

The defendant, Kenneth Rodriquez, along with two other separately charged individuals, was arrested on October 3, 2007 after he allegedly failed to open an apartment door in response to a detective’s attempt to execute an arrest warrant for one Edward Middleton. The defendant now moves to dismiss the underlying accusatory instrument pursuant to CPL 170.30 (1) (a) and 170.35 (1) on the grounds of facial insufficiency. At issue is whether or not the facts alleged in the accusatory instrument adequately support a charge of obstruction of governmental…

2Cases cited28 opinions

  1. Payton v. New YorkSupreme Court of the United States · 1980
  2. Steagald v. United StatesSupreme Court of the United States · 1981
  3. Minnesota v. CarterSupreme Court of the United States · 1999
  4. Miller v. United StatesSupreme Court of the United States · 1958
  5. Georgia v. RandolphSupreme Court of the United States · 2006

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3Cited by1 opinion

  1. People v. RomanAppellate Terms of the Supreme Court of New York · 2009

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