(AP) New York's highest court has dismissed a disorderly conduct charge against a Rochester man who swore twice at a police officer, concluding the verbal exchange was essentially private and didn't threaten the public peace.
The ``abusive statements'' by Trevis Baker, who accused the officer of harassing his girlfriend, led to his 2006 arrest by the officer and later discovery of 25 bags of crack cocaine.
The Court of Appeals, ruling unanimously, says the initial arrest is invalid and so the cocaine must be thrown out as evidence.
The court is also throwing out Baker's guilty plea to a drug charge and separate assault charge from a prior altercation with police. That plea deal was for a concurrent six-year prison sentence.