OPINION OF THE COURT LYNN R. KOTLER, J. On March 17, 2012, the defendant was arrested in connection with police response to protest activities regarding Occupy Wall Street (OWS). Defense counsel explains in his affirmation that "OWS has changed the national conversation about the economy and the state of our political system. As mainstream media voices have acknowledged, [OWS] `embodies a national frustration with broken democratic institutions.' [OWS] has `lofted the issue of inequality...
OPINION OF THE COURT ELISA S. KOENDERMAN, J. On June 13, 2012, at the defendant Victor Martini's arraignment on a superceding information, the court orally dismissed the charge of menacing in the third degree as facially insufficient pursuant to Criminal Procedure Law 140.45. This written decision explains the basis for the court's ruling. The defendant was originally charged in a misdemeanor information with menacing in the second degree (Penal Law 120.14) and harassment in the second...
ELISA S. KOENDERMAN, J. On June 13, 2012, at the defendant Victor Martini's arraignment on a superceding information, the Court orally dismissed the charge of Menacing in the Third Degree as facially insufficient pursuant to Criminal Procedure Law ["CPL"] 140.45. This written decision explains the basis for the Court's ruling. The defendant was originally charged in a misdemeanor information with Menacing in the Second Degree, Penal Law ["PL"] 120.14 and Harassment in the Second Degree,...
OPINION OF THE COURT MATTHEW A. SCIARRINO, JR., J. The defendant, a "member" of the "Occupy Wall Street Movement" (OWS), is charged with trespass (Penal Law 140.05), disorderly conduct (Penal Law 240.20 [6]) and obstructing governmental administration in the second degree (Penal Law 195.05) as a result of the alleged incidents that occurred on November 15, 2011 during the "eviction" of the occupiers from Zuccotti Park. The defendant, Ronnie Nunez now moves the court for an order inter...
JACQUELINE D. WILLIAMS, J. On April 6, 2010, the defendant was arraigned on a felony complaint, charging him with one count of Riot in the First Degree (PL 240.06(1)) and seven counts of Assault in the Third Degree (PL 120.00(1)). The grand jury proceeding commenced on June 3, 2010, and concluded on June 18, 2010. The grand jury directed the district attorney to file a Prosecutor's Information against the defendant, which was filed July 29, 2010, by Assistant District Attorney Joseph...
