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PEOPLE v. WHEELER

2015-1434 ORCR.

61 Misc.3d 30 (2018)

85 N.Y.S.3d 329

2018 NY Slip Op 28304

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAMON WHEELER, Appellant.

Supreme Court, Appellate Term, Second Department.

Decided September 27, 2018.

Attorney(s) appearing for the Case

Richard Herzfeld for appellant.

David M. Hoovler, District Attorney (Andrew R. Kass of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the judgment of conviction is affirmed.

The People charged defendant with obstructing governmental administration in the second degree (Penal Law § 195.05) and criminal possession of a controlled substance in the seventh degree (Penal Law § 220.03), alleging that, upon police officers "effecting a proper vehicle stop" on a public road, defendant "did obstruct officers by shaking his head and...

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