People v. Davis

Memorandum. Judgment of conviction unanimously reversed on the law, information dismissed and fine remitted.

Defendant was charged with driving while impaired (Vehicle and Traffic Law, § 1192, subd 1), resisting arrest (Penal Law, § 205.30) and disorderly conduct (Penal Law, § 240.20). At the close of the People’s case, defendant moved to dismiss the latter two charges upon the ground that the People failed to establish a prima facie case. The court in granting the motion added a count of harassment upon which defendant now stands convicted. Defendant failed to specifically object to the…