Case Document 1-3 Filed mum Page 1 of 4 ran/m 2 C) STATE OF NEW YORK COUNTY OF TOMPKINS py CITY COURT CITY OF ITHACA THE PEOPLE OF THE STATE OF NEW YORK ACCUSATORY -vs- INSTRUMENT Defendant: Goldstein, Kyle DOB Address: 702 Hudson Street Ithaca. NY 14850 c: ACCUSATION g; c: :c 5: Be it known that, by this Accusatory Instrument, I PO Jacob Allard 152 :39, as the Complainant herein, accuses Kyle Goldstein ?12 the above named defendant with having committed the offense of 1:1: mg Obstructing Governmental Administration in the Second Degree s9 3 in violation of Section 195.05 of the Penal Law of the State of New York, a Class A Misdemegg :31 FACTS On or about the 17 day of November, 2016, at about 23:45 hrs. While located at 702 Hudson Street, Ithaca, NY 14850 a person is guilty of Obstructing Governmental Administration in the Second Degree when he intentionally obstructs, impairs or perverts the administration of law or other governmental ?mction or prevents or attempts to prevent a public servant from performing an official function, by means of intimidation, physical force or interference, or by means of any independently unlawful act, or by means of interfering, whether or not physical force is involved. To Wit: At the aforesaid date, time, and location the defendant did: intentionally obstruct and prevent your deponent, a uniformed Ithaca POlice Of?cer Allard, from performing the of?cial function of arresting the defendant for a local law violation concerning the large, loud, out of control party he was responsible for, by physically pulling away from both your deponent and another uniformed Ithaca Police Of?cer Bechtold, after he was ordered numerous times to cease pulling away as he was being held responsible for said party and was going to be cited for the same. The defendant's actions caused Of?cers to have to stop clearing out the party to place the defendant into custody for his physical aforesaid non-compliance. All Contrary to the provisions of the statute in such case made and provided. The above allegations of fact are are made by the complainant herein: Upon direct knowledge Upon information and belief, with the sources of the Complainant?s information and the grounds for his belief being: personal investigation and admissions made by the defendant and documented in the attached 710.30 notice. I Wherefore the Complainant prays that a warrant be issued for the arrest of the said defendant. Pd Jacob Allard 152 Complainant 1 NOTICE (Penal Law, Section 210.45) It is a crime, punishable as a Class A misdemeanor under the laws of the State of New York, for a person, in and by a written instrument, to knowingly make a false statement, or to make a statement which such person does not believe to be true. {Af?rmed under penalty of perjury this 19 day of November, 2016. 3 17% 5?6! . at? Case Document 1-3 2 of 4 STATE OF NEW YORK COUNTY OF TOMPKINS CITY COURT CITY OF ITHACA THE PEOPLE OF THE STATE OF NEW YORK ACCUSATORY -VS- INSTRUMENT ?7 Defendant: Goldste_il_1, Kyle DOB :33: Address: 702 Hudson St. Ithaca. NY 14850 ,0 ACCUSATION "3 1" (7 0? 3'15: Be it known that, by this Accusatory Instrument, I PO Jacob V. Allard 152 p. as the Complainant herein, accuses I Kyle Goldstein 3 the above named defendant with having committed the offense of Resisting Arrest 5 :3 in violation of Section205.30, of the Penal Law of the State of New York, a Class A Misdemeanor. FACTS On or about the 17 day of November, 2016 at about 23:45-hrs While located at 702 Hudson St. Ithaca, NY 14850 a person is guilty of Resisting Arrest when he intentionally prevents or attempts to prevent a police of?cer or peace of?cer from effecting an authorized arrest of himself or another person. To Wit: At the aforesaid date, time, and location the defendant did: intentionally prevent your deponent, a uniformed Ithaca Police Officer, from effecting an authorized arrest of the defendant for Obstruction of Governmental Administration, by physically pulling his arms away from Of?cers, and once handcuffed, continued to pull away, engage others to attempt to interfere with said arrest, and had to be taken to the ground. Once on the ground, others were attempting to interfere and the defendant pulled away from Of?cer, freeing his upper torso and head and was attempting to place his head near your deponent's groin area appearing to either be attempting to bite/headbutt your deponent, all in an effort to resist his lawful arrest. All Contrary to the provisions of the statute in such case made and provided. The above allegations of fact are are made by the complainant herein: Upon direct knowledge Upon information and belief, with the sources of the Complainant?s information and the grounds for his belief being: the attached 710.30 concerning the defendant's statements of threatening Officer during arrest. I Wherefore the Complainant prays that a warrant be issued for the arrest of the said defendant. I I #0 Jacob V. Allard 152 I ComplainantI NOTICE (Penal Law, Section 210.45) It is a crime, punishable as a Class A misdemeanor under the laws of the State of New York, for a person, in and by a written instrument, to knowingly make a false statement, or to make a statement which such person does not believe to be true. I Af?rmed under penalty of perjury this 19 day of November, 2016. I Mw ma"possessive-swimmernest THE PEOPLE OF THE STATE OF NEW YORK 11911373 VS. NAME: KYLE M. (704037ng LOCALADDRESS: 702. HubSoN 57- CITY: .zwmm ST: ZIP: ruse HOMEADDRESS: arm on; Am M, CITY: 3033?? ST: Cr ZIP: SEX: RACE: at) 5191? he,? HGT: ,fga" WGT: (40" HAIR: EYES: 33,; EIC The undersigned accuses the defendant of the following: on or about the I day of [Lumier- 20 lg at approximately 2 5 3 CD the defendant did in the City of Ithaca, County of Tompkins, State of New York: NOISE ICC 240-6 (Violation); at it Shall be unlawful for any person to operate any machine or device for the production of sound or any other sound-amplifying equipment in a loud, annoying, or o?'ensive manner such that noise from the device interferes with the comfort, repose, health or safety of members of the public within any building or outside of a building, or recklessly create the risk thereof, at a distance of twenty-?ve feet or more from the source of the sound. To Wit: The defendant did allow ampli?ed music to be played at a volume which could be heard from approximately feet away. Said noise did recklessly create the risk of interfering with womfort of the public. . 761 g] NOISE ICC 240-7A (Violation); at it shall be unlawful for any person in charge of a party or other social event to allow that party to produce noise in a loud, annoying, or offensive manner such that noise from the party interferes with the comfort, repose, health or safety of members of the public within any building or outside of a building, or recklessly create the risk thereof, at a distance of twenty-?ve feet or more ??om the source of the sound. To Wit: The defendant did as a person in charge of a social event of approximately (23 people, cause to be heard noise consisting of mu: I c. and. acid. Q3 which could be heard from approximately 2 5 feet away. Said noise did recklessly create the risk of interfering with the comfort of the public. Noise Contributing Factors Civilian complaint. More than one defendant. El Violation of ABC 65-C. a More than 25 guests, approx . gAmpli?ed sound directed outside. The offense was after 12:00 AM on a weekday or 1:00 AM on a weekend. Live entertainment. Common source of alcohol. El Charge to enter or to consume alcohol. A violation of ICC 250.8. More than one complaint. OPEN ICC 128-4A (Violation); at . when within or upon any public place a person possesses an alcoholic beverage in any open container with the intent of the possessor or any other person to consume such beverage. To Wit: The defendant did possess an open container of Defendant was on a city at the time of possession. UNDERAGE POSSESSION OF ABC 65-C (Violation); at with intent to consume such beverage, and when such possession of a beverage was not in relation to a curriculum licensed or registered by the state department of education and was not a result of having been given said alcohol by his/her parent. To Wit: The defendant was years of age, and did possess ICC 331-4 (Violation); at no person shall throw, cast, drop, put or place or having accidentally dropped fail to pick up any litter in or upon any public or private park or outdoor place, except in receptacles provided for such purposes. To Wit: The defendant did . abandoning said item and making no effort to recover said litter and properly dispose of. El DISORDERLY PL 240.20-6 (Violation); at when with intent to cause pubic inconvenience, annoyance or alarm, or recklessly creating a risk thereof, shelhe congregates with other persons in a public place and refuses to comply with a lawful order of the police to disperse. To Wit: The defendant did El NOTICE OF INTENT TO USE ADMISSIONS 710.30-1a) - Made to Complainant: The above allegations of fact are made by the Complainant herein: Ijupon direct knowledge Admissions by the defendant YOU ARE ORDERED To APPEAR PERSONALLY IN THE ITHA A CITY COURT, 118 EAST CLINTON STREET, ITHACA, NY ON THE 10?" DAY OF Nov . 20 14., AT 9:00 AM To ANSWER THE STATED ABOVE. If you fail to appear as directed above, a warrant may be issued for your arrest. For more information on how to proceed with this Case Document 1-3 Flled 04/03/19 Page 4 of 4 Case l16-21473 Ithaca Police Department Notice of Intent to Use Defendant?s Statements NYS CPL 710.30-1a Defendant Info Defendant Name: Kyle Goldstein Defendant Date of Birth: Oral Statements Date/Time: 11l17l2016 approximately 23:45 Location: 702 Hudson Street Ithaca, NY 82 AUN9IUZ Made by: Defendant Made to: PO Jacob V. Allard 152 Miranda?: Yes No Sum and substance of Oral/Written Admissions: Defendant intially stated he was a resident, then attempted to flee and was asked again, at which time he stated he was not and Officer's could not detain him. Once under arrest and at patrol car, defendant again stated he was a resident when asked for his address. Defendant also stated he wanted to injure Officer while placing his head and upper torso near the Officer's groin area. NOTICE (Penal Law, Section 210.45) It is a crime, punishable as a Class A misdemeanor under the laws of the State of New York, for a person, in and by a written instrument, to knowingly make a false statement, or to make a statement which such person does not believe to be true. Officer: it? Staff: (Loci/main