Client's Conviction Reversed and Dismissed
On June 15, 2017, the Appellate Division, First Department reversed and dismissed CAL client Y.S.’s resisting arrest and second-degree obstructing governmental administration convictions. Y.S. was charged on the theory that she allegedly interfered with the arrest of her brother, and then with her own arrest. However, the accusatory instrument neglected to state any facts showing that the underlying arrest of Y.S.’s brother was authorized, even though this is an essential element of both resisting arrest and second-degree obstructing governmental administration. Due to this omission, the court found the accusatory instrument to be insufficient on its face, and reversed and dismissed Y.S.’s convictions. Our client was represented by Megan Byrne.