Legal Opinion

People v. Joseph

Criminal Court of the City of New York

Decided December 2, 1992PublishedCited by 11 opinions

1Opinion of the Court

OPINION OF THE COURT

William Garnett, J.

Is a police officer engaged in an "official function” as contemplated by Penal Law § 195.05, entitled "Obstructing governmental administration in the second degree”, when he or she is merely in uniform and on patrol?

By this information, the defendant is charged with assault in the third degree, criminal possession of a weapon in the fourth degree and obstructing governmental administration in the second degree.

*193As part of his omnibus motion and pursuant to CPL 170.30 and 170.35, the defendant has moved to dismiss the count charging obstructing…

2Cases cited16 opinions

  1. People v. De BourNew York Court of Appeals · 1976
  2. People v. AlejandroNew York Court of Appeals · 1987
  3. People v. DumasNew York Court of Appeals · 1986
  4. People v. CaseNew York Court of Appeals · 1977
  5. People v. O'ConnorNew York Court of Appeals · 1931

11 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Esmont v. City of New YorkDistrict Court, E.D. New York · 2005
  2. People v. VargasCriminal Court of the City of New York · 1998
  3. People v. TillmanAuburn City Court · 2000
  4. People v. BeamCriminal Court of the City of New York · 2008
  5. State v. StolenNebraska Supreme Court · 2008

6 more not listed; retrieve them via the Exa API.

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