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People v. Elliott

Criminal Court of the City of New York, New York County

November 12, 2013

The People of the State of New York, Plaintiff,
v.
Nathan Elliott, Defendant

Unpublished Opinion

For the People: Cyrus R. Vance, Jr. New York County District Attorney by Sara Sullivan, Esq., Assistant District Attorney

For the Defendant: Teghan M. DeLane, Esq. Neighborhood Defender Service of Harlem

Steven M. Statsinger, J.

Defendant, charged with Resisting Arrest and Disorderly Conduct, moves dismiss the Information on the ground that it is duplicitous. [1] For the reasons set out below, the Court DENIES the motion to dismiss.

A. FACTUAL BACKGROUND

1. The Allegations

According to the Information, at 10:40 p.m. on August 23, 2012, Police Officer James Cleary responded to multiple radio runs indicating that there was a dispute in progress at the corner of Central Park West and West 102nd Street, in Manhattan. When Cleary arrived, he saw the defendant on the sidewalk, screaming at another person. Cleary told the defendant to stop, but defendant refused to leave and continued to yell and scream. He also cursed at Cleary and another officer. Four passing cars slowed to watch the defendant, and about ten pedestrians and bystanders also gathered nearby.

When Cleary tried to arrest the defendant, defendant lay down on a bench and stretched out and tensed his arms, making it difficult for Cleary to handcuff him. Later, defendant refused to exit the police vehicle when it arrived at the 24th Precinct, then twisted and flailed his torso and limbs, making it difficult to bring him into the stationhouse.

2. Legal Proceedings

On August 24, 2012, defendant was arraigned on an Information charging him with one count of Resisting Arrest (Penal Law § 205.30) and one count of Disorderly Conduct (Penal Law § 240.20(2)). He posted $ 500 cash bail the following day.

Defendant moved to dismiss the Information on July 11, 2013, alleging that it is duplicitous. On September 11, 2013, the People waived a written response.

B. DISCUSSION

1. Introduction


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