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People v Rodriguez (Cirilo)
2003 NY Slip Op 51657(U)
Decided on December 17, 2003
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the Official Reports.


Decided on December 17, 2003
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

PRESENT:DOYLE, P.J., RUDOLPH and SKELOS, JJ.
NO. 2002-1759 W CR

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

against

CIRILO RODRIGUEZ, Appellant.


Appeal by defendant from a judgment of the Justice Court, Village of Sleepy Hollow, Westchester County (J. Lewis, J.), rendered September 9, 2002, convicting him, after a jury trial, of resisting arrest and imposing sentence.


Judgment of conviction unanimously reversed on the law and accusatory instrument dismissed.

Upon a review of the record, we find that the accusatory instrument charging defendant with resisting arrest is jurisdictionally defective. The facts of the lawful arrest for assault are not alleged in the factual portion of the instrument and, therefore; there is no basis to determine whether probable cause existed to arrest defendant (see People v Valvano, NYLJ, Nov. 27, 2000 [App Term, 9th & 10th Jud Dists]; People v Lamarca, NYLJ, Mar. 11, 1999 [App Term, 9th & 10th Jud Dists]; People v Stellaci, NYLJ, July 1, 1998 [App Term, 9th & 10th Jud Dists]).
Decision Date: December 17, 2003