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Legal Opinion

People v. LaFont

Criminal Court of the City of New York

Decided January 15, 2014Published

1Opinion of the Court

OPINION OF THE COURT

Steven M. Statsinger, J.

Defendant, charged with obstructing governmental administration in the second degree (Penal Law § 195.05) and harassment in the second degree (Penal Law § 240.26 [1]), moves to dismiss the information in furtherance of justice, pursuant to CPL 170.30 and 170.40 (1) and People v Clayton (41 AD2d 204 [2d Dept 1973]). For the reasons that follow, the court grants the motion to dismiss.1

I. Factual Background

A. The Allegations

According to the information, at 10:50 p.m. on April 11, 2013, Police Officer Anthony Giambra responded to a 911 call at 30 West…

2Cases cited7 opinions

  1. People v. ClaytonAppellate Division of the Supreme Court of the State of New York · 1973
  2. People v. HarmonAppellate Division of the Supreme Court of the State of New York · 1992
  3. People v. SchlesselAppellate Division of the Supreme Court of the State of New York · 1984
  4. People v. BerrusNew York Court of Appeals · 2003
  5. People v. FedermanCriminal Court of the City of New York · 2008

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