PEOPLE v. CLERGEOT

2006-221 NCR.

2008 NY Slip Op 28257

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

Appellate Term of the Supreme Court of New York, Second Department.

Decided July 2, 2008.


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 was authorized (see CPL 100.15 [3]; 100.40 [1] [c]; Penal Law § 205.30). He notes that the accusatory instrument did not name the underlying offense for which he was being arrested at the time that he allegedly resisted arrest. The arrest was authorized if the arresting officer...

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