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Decided on November 21, 2005
Criminal Court of the City of New York, Kings County

2005KN008253
Defendant Toure is represented by Robert J. Boyle, Esq.
John H. Wilson, J.
Defendant is charged with Assault in the Third Degree (PL Sec. 120.00) Obstructing Governmental Administration (PL Sec. 195.05), and Resisting Arrest (PL Sec. 205.30), all Class A misdemeanors, Menacing in the Third Degree (PL Sec. 120.15), a Class B misdemeanor, and Disorderly Conduct (PL Sec. 240.20), and Harassment in the Second Degree (PL Sec. 240.26), both violations.
By motion dated May 6, 2005, Defendant has moved to dismiss all charges, asserting that the People's complaint is facially insufficient.
In opposition to Defendant's motion, the People filed a response dated June 30, 2005 asserting that all charges are sufficiently plead.
For the reasons stated below, Defendant's motion is granted in part and denied in part.
FACTUAL STATEMENT
Pursuant to the Criminal Court Complaint, on February 9, 2005, at approximately 12:18 AM, Police Officer Thomas Stevens responded to the intersection of Throop and Greene Avenues, County of Kings, City and State of New York, "to investigate a report of an individual menacing another individual with a knife."
Reportedly, as the officer was "searching for evidence of said incident," co-defendant's Lumumba A. Akinwole-Bandel and David C. Floyd allegedly attempted to prevent Officer Stevens from conducting his investigation "by refusing to comply with (the officer's) repeated
[*2]instructions to move."[FN1]
The Criminal Court Complaint further alleges that as the Officer attempted to place co

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