People v. Tillman

MICHAEL F. McKEON, J. Defendant by way of omnibus motion seeks dismissal of two accusatory instruments charging him with resisting arrest and obstructing governmental administration on the ground that the informations are insufficient pursuant to CPL 170.35. At oral argument and in his answering papers, Assistant District a juvenile delinquency petition charging obstructing governmental administration was sufficient which alleged that a youth punched an officer and yelled obscenities while the officers were attempting to arrest his mother]; People v Jimenez, 138 Misc 2d 867 [where the court held an information sufficient which alleged that the defendants placed themselves between a police officer and a person the police officer sought to question].) However, this court can find no cases that have expanded the scope to the facts herein. Indeed to the contrary, in People v Offen (96 Misc 2d 147 [cited with approval by the Court of Appeals in Davan, supra]), the court dismissed an obstructing governmental administration information which alleged that the defendant upon being informed that he was to receive a summons for littering, swore at the officers, refused a request for identification and walked away from the officers. In the case at bar the People rely on an allegation that the defendant, allegedly a suspect, ran from the police officer to satisfy the requirement that the defendant physically interfered with the investigation of the police officer. Running from a police officer is not a crime, although such activity may create rights and duties for police, such as to proceed to obtain a warrant or assuming probable cause to arrest without a warrant, chase and apprehend the defendant, none of which apparently are present here. (People v Offen, supra ; see also, People v Howard, 50 NY2d 583.) It is not conduct that constitues the crime of obstructing governmental administration. As noted in Offen (supra) and by other courts (People v Simon, 145 Misc 2d 518; People v Joseph, supra) this statute should not be interpreted as a catchall type offense with no limit or boundaries in its application. Indeed if the court found this information sufficient, it could open the door to a charge of obstructing governmental administration for simply refusing a police officer's request to stop and speak to that officer. Such was not the intent of this statute and the court declines to extend its application to the facts herein. Accordingly, the defendant's motion is hereby granted and the informations charging the defendant with resisting arrest and obstructing governmental administration are hereby dismissed.