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PEOPLE v. SMITH

2012-963 OR CR.

43 Misc.3d 71 (2014)

986 N.Y.S.2d 737

2014 NY Slip Op 24065

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GLENN S. SMITH, Appellant.

Supreme Court, Appellate Term, Second Department.

Decided March 10, 2014.

Attorney(s) appearing for the Case

Richard N. Lentino , Middletown, for appellant.

Francis D. Phillips, II , District Attorney, Middletown ( Andrew R. Kass of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the judgment of conviction is reversed, as a matter of discretion in the interest of justice, and the accusatory instrument is dismissed.

Defendant was arrested on October 14, 2011, at the Orange County courthouse, after he allegedly refused to comply with the directions of a court officer to remove his "do-rag" head covering. Defendant allegedly loudly used profanity and struggled with several court...

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