In what circumstances will the District Attorney bring a motion to reinstate charges of disorderly conduct against a group of men who were arrested after a night out?

"New York", United States of America

The following excerpt is from People v. Arbeiter, 169 Misc.2d 771, 650 N.Y.S.2d 915 (N.Y. App. Term 1996):

It may be that the defendants present a sympathetic case since, as the District Attorney conceded below, "[t]he sincerity of defendants' belief(s) cannot be doubted." Equally true, however, is the District Attorney's further point that "sincere beliefs are not an excuse for lawless conduct", conduct that past experience has taught is likely to keep recurring. On balance, and since an interest of justice dismissal might have an adverse impact upon public confidence in the criminal justice system (CPL 170.40[1][h]; see, People v. Reyes, 174 A.D.2d 87, 90, 579 N.Y.S.2d 34), we conclude that the better result is to reinstate the disorderly conduct charges.

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