- Associated Press - Wednesday, April 2, 2014

ALBANY, N.Y. (AP) - New York’s highest court has thrown out the disorderly conduct arrest of a man standing with three others near the entrance of a Harlem deli who refused to move when police told them to.

The Court of Appeals also dismissed the charge against Todd Johnson for the cocaine police subsequently found in his pocket.

The court, ruling unanimously, says it is not disorderly conduct for a small group - “even people of bad reputation” - to stand “peaceably” on a street corner.

Police said the four were members of a gang called the “40 Wolves” and one was partially blocking the deli entrance.

The four said they lived in the neighborhood and were doing nothing wrong.

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