New York Court Refuses to Dismiss Charges Against Occupy Protester

An interesting decision in People v. Nunez (N.Y. Crim. Ct. Apr. 6, 2012, just posted today on Westlaw). The introduction plus the conclusion:

The defendant, a “member” of the “Occupy Wall Street Movement” is charged with Trespass (PL § 140.00[5] ), Disorderly Conduct (PL § 240.20[6] ) and Obstructing Governmental Administration in the Second Degree (PL § 195.05) as a result of the alleged incidents that occurred on November 15, 2011 during the “eviction” of the occupiers from Zuccotti Park….

While, this court recognizes that the intentions of numerous members of the OWS Movement are laudable, that does not arguably excuse one’s obligations to work within the lawful process allowed in our democratic society. The “99%” is clearly a majority and can make its voices heard in a legal, organized manner if that is its wish. No matter the alleged influence of the “1%” on the political process, at the end of the day it is the majority that determines those that have the privilege of governing this city, state and nation.

Accordingly, it is hereby:

ORDERED, that the defendant’s motion to dismiss the charge of Trespass (PL § 140.05) for facial insufficiency or for some jurisdictional or legal impediment to conviction is denied; and it is further

ORDERED, that the defendant’s motion to dismiss the charge of Disorderly Conduct (P.L. § 240.20[6] ) for facial insufficiency or for some jurisdictional or legal impediment to conviction is denied; and it is further

ORDERED, the defendant’s motion to dismiss the charge of Obstructing Governmental Administration in the Second Degree (P.L. § 195.05) for facial insufficiency or for some jurisdictional or legal impediment to conviction is denied; and it is further

ORDERED, that all other aspects of the defendant’s motion not addressed are likewise denied, including an inferred motion to dismiss the accusatory instrument in the furtherance of justice.