Police often get overzealous in bar fight situations, even when the bar owner and/or bouncers don’t want them to.

          Such was the case in People v. C.K. (Rochester City Ct., 12/19).

          In that case, Mr. Corletta's client was charged with creating a disturbance for fighting in a bar and damaging a police car when arrested.

          However, there were absolutely no allegations in the Accusatory Instrument indicating that any public disturbance occurred or that the police care was damaged in any way.

          Mr. Corletta promptly moved to dismiss on grounds of defective Accusatory Instruments, and over objection by the People, the motion was granted by the Court, due to the poor preparation of the Accusatory Instruments.

          What was originally a simple situation where even bar security did not want anything cone, was unnecessarily escalated and complicated by police who then tried to justify their actions by molding an inapplicable statute to fit the facts.