People v. Vargas

OPINION OF THE COURT

Suzanne M. Mondo, J.

Defendant Noel Vargas is charged with obstruction of *237governmental administration in the second degree.1 He now moves to dismiss for facial insufficiency.

The accusatory instrument alleges that Detective Alfred Lorenz “[o]bserved the defendant holding marijuana which was burning in a public place in open public view.” It further alleges that Detective Lorenz “observed defendant throw said marijuana cigarette into the sewer by defendant’s feet and thereby prevent [the detective] from lawfully recovering it.”2

The defendant argues that the accusatory…