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PEOPLE v. KAPUANO

109 Misc.2d 295 (1981)

The People of the State of New York, Plaintiff, v. Lewis Joseph Kapuano, Defendant.

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

June 4, 1981

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (James Winslow of counsel), for plaintiff. Caesar Cirigliano and Edwin A. Rollens for defendant.

ROSE McBRIEN, J.

The defendant was arrested on October 25, 1980 and charged with disorderly conduct (Penal Law, § 240.20), harassment (Penal Law, § 240.25) and resisting arrest (Penal Law, § 205.30). Defendant now moves to dismiss the charge of resisting arrest.

Defendant was arrested by Sergeant Bullock who is and had been a special patrolman at Columbia Presbyterian Medical Center for several years. The issue to be decided is...

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