People v. Arbeiter

In People v. Arbeiter (169 Misc. 2d 771, [App Term, 1st Dept 1996]), the prosecution appealed from an order of the Criminal Court dismissing all charges brought against 90 members of the Irish Lesbian and Gay Organization (ILGO). The charges, resisting arrest (Penal Law 205.30) and disorderly conduct, stemmed from the defendants' participation in what has become ILGO's traditional protest at the annual St. Patrick's Day parade. While affirming the dismissal of the resisting charges on the grounds of facial insufficiency, the Appellate Term, in a rather sharply worded decision, found that there was no basis for the trial court to have dismissed the disorderly conduct charges in the interest of justice. In reinstating the disorderly conduct charges, the court agreed with the prosecution that even though the defendants' actions were motivated by the sincerity of their beliefs, "sincere beliefs are not an excuse for lawless conduct." Arbeiter, 169 Misc. 2d at 773.) In the court's view, a dismissal in the interest of justice "might have an adverse impact upon public confidence in the criminal justice system," particularly where it concerned "conduct that past experience has taught is likely to keep recurring." Arbeiter, 169 Misc. 2d at 773)