PEOPLE v. BAKER

No. 16.

20 N.Y.3d 354 (2013)

984 N.E.2d 902

960 N.Y.S.2d 704

2013 NY Slip Op 782

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TREVIS D. BAKER, Appellant. (Appeal No. 1.) THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TREVIS D. BAKER, Appellant. (Appeal No. 2.)

Court of Appeals of New York.

Decided February 7, 2013.


Attorney(s) appearing for the Case

Timothy P. Donaher , Public Defender, Rochester ( Timothy S. Davis of counsel), for appellant in the first above-entitled action.

Timothy P. Donaher , Public Defender, Rochester ( Timothy S. Davis of counsel), for appellant in the second above-entitled action.

Sandra Doorley , District Attorney, Rochester ( Geoffrey Kaeuper of counsel), for respondent in the first and second above-entitled actions.

New York Civil Liberties Union Foundation, New York City ( Daniel Mullkoff and Arthur Eisenberg of counsel), for New York Civil Liberties Union, amicus curiae.

Chief Judge LIPPMAN and Judges READ, SMITH and PIGOTT concur.


OPINION OF THE COURT

GRAFFEO, J.

Following a verbal exchange between defendant and a police officer on a Rochester street, defendant was arrested for disorderly conduct. He challenged the legality of his arrest, arguing that the statements and conduct that preceded it did not rise to the level of disorderly conduct. We agree.

The facts giving rise to the disorderly conduct arrest are undisputed. On...

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