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Running from Police
My question involves criminal law for the state of: NY
I was walking to my old neighborhood & decided to say Hello to two friends when undercover police stop in front of my old building and ran out of the vehicle toward us.I started running."Why",two weeks ago I was rob by two men, they stole my money & belongings but it felt the same way in this incident with the police.I basically panic.They caught me running around corner.I told the police officer that the reason I ran is because I thought I was going to get rob but they didn't believe me.They arrest me & the other guy.He was charged with selling marijuana to undercover police.I was taken into Precinct & then release.I was givin a summons for Disorderly Conduct,Violation 240.05.All that was found on me was my wallet & five dollars.
How should I pursue this?Not Guilty plea?What type punishment is this Summons?Is going with a ACD better option for me.Thanks...
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Re: Running from Police
This is what you were charged with?
S 240.05 Riot in the second degree.
A person is guilty of riot in the second degree when, simultaneously
with four or more other persons, he engages in tumultuous and violent
conduct and thereby intentionally or recklessly causes or creates a
grave risk of causing public alarm.
And, it is a misdemeanor!
That doesn't quite seem applicable by what you have written.
This is Disorderly conduct:
S 240.20 Disorderly conduct.
A person is guilty of disorderly conduct when, with intent to cause
public inconvenience, annoyance or alarm, or recklessly creating a risk
thereof:
1. He engages in fighting or in violent, tumultuous or threatening
behavior; or
2. He makes unreasonable noise; or
3. In a public place, he uses abusive or obscene language, or makes an
obscene gesture; or
4. Without lawful authority, he disturbs any lawful assembly or
meeting of persons; or
5. He obstructs vehicular or pedestrian traffic; or
6. He congregates with other persons in a public place and refuses to
comply with a lawful order of the police to disperse; or
7. He creates a hazardous or physically offensive condition by any act
which serves no legitimate purpose.
And it is a violation.