Judge Gerri Pickett
Cooper was charged with assault, as well as the prohibited operation of a bicycle on a sidewalk. He moved for dismissal in furtherance of justice. Complainant Officer Ravich observed Cooper riding his bike on a sidewalk and told him to stop. Cooper refused and also refused to produce identification when asked. Ravich testified that when he and his partner attempted to arrest Cooper, Cooper punched them and refused to be handcuffed. Cooper submitted a video purporting to show what occurred and sought dismissal based on “serious misconduct by law enforcement” claiming the officers assaulted him. Prosecutors argued the video camera was of poor quality and failed to prove Cooper’s claim the officers used unjustifiable force. Upon review, the court stated Cooper was seen riding a bike on a sidewalk and was seen dismounting the bike and running into his yard. It stated that entering his yard did not shield him “from the arms of the law,” ruling Cooper did not encounter the NYPD with clean hands. Also, as the officers had a right to approach Cooper and request identification, the court concluded Cooper failed to establish a compelling case to warrant dismissal in the interest of justice.
