People v. Sturdivant, 2022-50129

CourtNew York City Court
Writing for the CourtNICHELLE A. JOHNSON, J.
PartiesThe People of the State of New York, v. Alfred D. Jr. Sturdivant, Defendant.
Decision Date17 February 2022
Docket Number2022-50129,CR-02278-20

The People of the State of New York,
v.

Alfred D. Jr. Sturdivant, Defendant.

No. 2022-50129

Docket No. CR-02278-20

City Court of Mount Vernon

February 17, 2022


Unpublished Opinion

MOTION DECISION

Westchester County District Attorney Mount Vernon branch, Alvin Thomas, Esq., Attorney for Defendant.

NICHELLE A. JOHNSON, J.

A Dunaway/Huntley hearing was held in this matter where defendant is charged with one count of Resisting Arrest (PL § 205.30), one count of Obstructing Governmental Administration (PL § 195.05) and Criminal Mischief in the Fourth Degree (PL § 145.00). After receiving testimony the Court finds as follows:

Findings of Fact:

At the hearing, Sgt. George Vargas of the Mount Vernon Police Department testified that on March 30, 2020 at approximately 10:00 a.m. he was on routine patrol in a marked vehicle when he received a report of an individual shoplifting in the vicinity of 16 East Third Street, Mount Vernon. Upon arriving at the location, Sgt. Vargas observed Lt. Quinoy's police vehicle parked at the location. Sgt. Vargas observed other officers on the scene and then saw the defendant walk out of the store at the location with a bag containing what looked like chips or bags of peanuts. As he approached the address and other officers at the scene he observed the defendant race over to Lt. Quinoy's police vehicle, reach inside of it and rip out the microphone cord from the lieutenant's police vehicle radio. Sgt. Vargas attempted to place the defendant under arrest. Sgt. Vargas advised the defendant that he was under arrest and directed the defendant to place his hands behind his back several times but defendant refused to comply. Sgt. Vargas and a few other officers who were at the scene physically restrained the defendant and forced him to the ground. Defendant continued to resist by clenching his arms in front of his body and refused to put his arms behind his back. To finally get defendant to comply, one of the other officers had to tase the defendant. Sgt. Vargas testified that the defendant kept saying in sum and substance "not today, not today, not today" during his arrest. PO Riley, one of the officers on the scene, was wearing a body cam. Additionally, there was video surveillance obtained from the store at the location. The videos from PO Riley's body cam as well as the surveillance video were entered into evidence as People's 3a, 3b, 3c and 4. The videos depict the circumstances of the defendant's...

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