People v. Reape

OPINION OF THE COURT

Evelyn J. Laporte, J.

The defendant, Michael Reape, is charged with one count of resisting arrest (Penal Law § 205.30) and one count of trespass (Penal Law § 140.05). He moves, inter alla, to dismiss the count of trespass for facial insufficiency {see CPL 170.30 [1]). He also *616moves to dismiss the count of resisting arrest, as that charge would not be able to stand if the underlying charge of trespass does not survive. For the reasons that follow, the defendant’s motion to dismiss for facial insufficiency is denied.

Background

The instant information alleges that on August 21,…