Criminal Court of the City of New York, Bronx County
For the People, Robert T. Johnson, District Attorney, Bronx County, by Melissa Weiner, Esq., Assistant District Attorney.
For the Defendant, Steven Banks, Esq., Legal Aid Society, by Jeremy Robert Davidson, Esq.
John H. Wilson, JCC
By a superceding information dated August 21, 2013, Defendant is charged with one count of Resisting Arrest (PL Sec. 205.30), a Class A misdemeanor. 
By omnibus motion dated July 15, 2013, Defendant seeks suppression of all statements made to law enforcement personnel, as well as evidence of any prior bad acts or immoral conduct.
By a supplemental motion dated July 23, 2013, Defendant also seeks dismissal of the sole charge on the docket, asserting that the People's complaint is facially insufficient.
The Court has reviewed the Court file, Defendant's motions, and the People's Response dated August 9, 2013.
For the reasons stated below, the motion to dismiss is denied.
The motion for a pre-trial hearing is granted, to the extent of ordering a hearing to determine if there was probable cause for Defendant's arrest and whether or not statements were taken in violation of Defendant's rights under the United States and New York Constitutions.
Whether or not the People can use any prior bad acts or immoral conduct against the Defendant is referred to the trial court.
Pursuant to the superceding information, on or about June 16, 2013 at approximately 2:06 AM, the Defendant was observed by Police Officer Michael Masci (deponent) at the intersection of Quimby Avenue and Olmstead Avenue, Bronx, New York to be "riding a bicycle down a public sidewalk around a group of people." See, superceding information dated August 21, 2013, p 1.
When the officer "asked defendant for identification in order to issue a summons for the above-mentioned conduct, defendant was unable to produce any form of identification." See, ...