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PEOPLE v. WHEELER

No. 7.

34 N.Y.3d 1134 (2020)

141 N.E.3d 136

118 N.Y.S.3d 68

2020 NY Slip Op 00998

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAMON WHEELER, Appellant.

Court of Appeals of New York.

Decided February 13, 2020.

Attorney(s) appearing for the Case

Richard L. Herzfeld, P.C., New York City ( Richard L. Herzfeld of counsel), for appellant.

David M. Hoovler , District Attorney, Goshen ( Andrew R. Kass of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Term should be reversed and the accusatory instrument dismissed.

Defendant was convicted of obstructing governmental administration in the second degree for backing his vehicle away from police officers who were attempting to execute a warrant to search the vehicle. Prior to trial, defendant moved to dismiss the accusatory instrument, arguing that it was facially insufficient because it...

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