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People v. Mulling

Criminal Court of the City of New York, Bronx County

November 27, 2013

The People of the State of New York,
v.
Stephen Mulling, Defendant.

Unpublished Opinion

For the People, Robert T. Johnson, District Attorney, Bronx County, by La-Donna D. Lawrence, Esq., Assistant District Attorney.

For the Defendant, Abraham J. Mayers, Esq.

John H. Wilson, J.

Defendant is charged with one count of Obstructing Governmental Administration in the Second Degree (PL Sec. 195.05), a Class A misdemeanor.

By omnibus motion dated September 2, 2013, Defendant seeks the following: dismissal of the sole charge, asserting that the People's complaint is facially insufficient; discovery pursuant to CPL Sec. 240.20, including disclosure of all exculpatory materials; and suppression of all statements made to and identification procedures conducted by law enforcement personnel, as well as evidence of any prior bad acts or immoral conduct.

The Court has reviewed the Court file, Defendant's motion, and the People's Response dated October 17, 2013.

For the reasons stated below, the motion to dismiss is denied.

The motion for discovery is granted to the extent that the People are directed to provide pre-trial disclosure of all materials subject to CPL Sec. 240.20, as well as all exculpatory materials to the defense, and the People are reminded of their continuing obligations under People v. Rosario, 9 N.Y.2d 286, 213 N.Y.S.2d 448 (1961) and Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194 (1963).

The motions for pre-trial hearings are 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 and an identification procedure was conducted in violation of his rights under the United States and New York State Constitutions.

A hearing regarding whether the People can use any prior bad acts or immoral conduct against the Defendant is referred to the trial court.

FACTUAL STATEMENT

Pursuant to the Criminal Court complaint, on or about May 29, 2013 at approximately 2:22 PM, at the intersection of Beach Avenue and Archer Street, Bronx, New York, an undercover officer "was engaged in a drug related conversation with an unapprehended individual pursuant to an undercover drug investigation." See, Criminal Court complaint dated May 30, 2013, p 1.

The defendant "then approached (the undercover officer) and the unapprehended individual and stated...'He is a Cop'...defendant then took a picture of (the undercover officer) on his IPhone." See, ...


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