New York Court of Appeals February 7, 2013, Appeal No. 1; Appeal No. 2 (People v. Baker)

*357OPINION OF THE COURT

Graffeo, J.

Following a verbal exchange between defendant and a police officer on a Rochester street, defendant was arrested for disorderly conduct. He challenged the legality of his arrest, arguing that the statements and conduct that preceded it did not rise to the level of disorderly conduct. We agree.