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PEOPLE v. CLERGEOT

20 Misc.3d 87 (2008)

864 N.Y.S.2d 671

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CLERMONT CLERGEOT, Appellant.

Supreme Court, Appellate Term, Second Department.

July 2, 2008.

Attorney(s) appearing for the Case

Legal Aid Society, Hempstead (Kent V. Moston, Jeremy L. Goldberg and David A. Bernstein of counsel), for appellant.

Kathleen M. Rice, District Attorney, Mineola (Tammy J. Smiley and Andrew Fukuda of counsel), for respondent.

RUDOLPH, P.J., TANENBAUM and MOLIA, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Judgments of conviction reversed as a matter of discretion in the interest of justice and matter remanded to the court below for a new trial in accordance with the decision herein.

Defendant asserts that the accusatory instrument charging him with resisting arrest was facially insufficient because it failed to allege facts that would establish, if true, that the arrest...

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