The Manhattan District Attorney dropped charges Wednesday against Councilman Ydanis Rodriguez who was arrested during the clearing of Zuccotti Park last year.
Rodriguez was charged with resisting arrest, and obstruction of governmental administration.
But in court on Wednesday, Assistant District Attorney Michele Bayer said prosecutors were unable to obtain testimony from a female police officer that Rodriguez allegedly "physically interfered" with, and asked that the charges against him be dismissed.
In a statement, Rodriguez, a supporter of the Occupy Wall Street movement, said he "was acting legally as an observer."
He also called on the NYPD to protect demonstrators' constitutional right to protest.
"I thank our men and women in uniform for all of their work in keeping our city safe," he said. "However, I think the NYPD's use of excessive force against protestors goes against what New York City believes in.
Prosecutors said police had “probable cause to arrest” Rodriguez, for trying to cross a police barricade.