People v. Yarborough

OPINION OF THE COURT

Nicholas Iacovetta, J.

The defendant is charged with the crimes of obstructing governmental administration in the second degree (Penal Law § 195.05) and resisting arrest (Penal Law § 205.30), and the offense of disorderly conduct (Penal Law § 240.20 [6]). He moves to dismiss the information pursuant to CPL 170.30 (1) (a); 170.35 (1) (a); 100.15 and 100.40 on the ground that it is facially insufficient.

The defendant contends that the charge under Penal Law § 195.05 is fatally defective because the element of interference requires and the information lacks an allegation that…