People v. Stephen

In People v. Stephen (153 Misc. 2d 382 [Crim Ct 1992]), a defendant was charged with disorderly conduct and resisting arrest. The disorderly conduct charge was dismissed on the grounds that the activity alleged on the part of the defendant was protected by both the State and Federal Constitutions. As such, said activity was deemed to not constitute an offense of the law. Thus, the Stephen court concluded that the arrest of the defendant was not authorized and that the resisting arrest charge also must fail. The Stephen court dealt with facts which were fully set forth in the accusatory instrument. That is, the issue there was not one of a failure to allege necessary facts. Rather, that court determined that the acts of the defendant, as fully set forth in the accusatory instrument, simply did not constitute a violation of the law because they were constitutionally protected speech.