The following excerpt is from People v. Richardson, 30 Misc.3d 1204, 913 N.Y.S.2d 549 (N.Y. Crim. Ct. 2010):
A resisting arrest charge can only survive if the arrest is authorized. "A key element of resisting arrest is the existence of an authorized arrest, including a finding that the arrest was premised on probable cause." People v. Jensen, 86 N.Y.2d 248, 253, 630 N.Y.S.2d 989, 654 N.E.2d 1237 (1995). As discussed above, the information does not support a disorderly conduct charge, hence, defendant's arrest, premised on that charge was not authorized.
However, the analysis does not end there.
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