MATTER OF SOARES v. CARTER

No. 70

25 N.Y.3d 1011 (2015)

32 N.E.3d 390

10 N.Y.S.3d 175

2015 NY Slip Op 03879

In the Matter of P. DAVID SOARES, as District Attorney of Albany County, Respondent, v. WILLIAM A. CARTER, as Judge of the City Court of Albany, Appellant, and COLIN DONNARUMA et al., Respondents.

Court of Appeals of New York.

Decided May 7, 2015.


Attorney(s) appearing for the Case

E. Stewart Jones , PLLC, Troy ( James C. Knox of counsel), for appellant.

P. David Soares , District Attorney, Albany ( Christopher D. Horn and Vincent Stark of counsel), for P. David Soares , respondent.

Law Office of Mark S. Mishler, P.C., Albany ( Mark S. Mishler of counsel), and Kindlon Shanks & Associates, Albany ( Kathy Manley of counsel), for Colin Donnaruma and others, respondents.

Frank A. Sedita, III , Morrie I. Kleinbart and Tammy J. Smiley for District Attorneys Association of the State of New York, amicus curiae.

Chief Judge LIPPMAN and Judges READ, PIGOTT, RIVERA, ABDUS-SALAAM and FAHEY concur; Judge STEIN taking no part.


OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, without costs.

The underlying prosecution in this matter stems from defendants' participation in protest demonstrations in the City of Albany in support of the Occupy Movement. Defendants were arrested and charged with disorderly conduct. In addition, one of the defendants was charged with resisting arrest. The Albany County District Attorney offered each defendant...

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