People v. Lemma

OPINION OF THE COURT

Memorandum.

Ordered that the order, insofar as appealed from, is reversed, on the law, and the branch of defendant’s motion seeking to dismiss so much of the accusatory instrument as charged defendant with official misconduct is denied.

The People charged defendant, in a misdemeanor information, with official misconduct (Penal Law § 195.00 [2]) and obstructing governmental administration in the second degree (Penal Law § 195.05). Subsequently, defendant moved to dismiss the information for facial insufficiency. By order dated March 29, 2011, the District Court dismissed the…