People v. Arbeiter

We all agree that the extraordinary remedy of an interest of justice dismissal of the underlying disorderly conduct charges is inappropriate. What *775divides the court is the issue of the facial sufficiency of the in-formations charging some but not all of the defendants with resisting arrest (Penal Law § 205.30). Each such information contained a sworn statement by the arresting police officer alleging, in nearly identical form, that defendants "passively” resisted arrest by "refusing to get up and accompany [police officers] to the police van, thus requiring * * * police officers to carry the…