People v. Garcia

OPINION OF THE COURT

Steven M. Statsinger, J.

Defendant is accused of custodial interference in the second degree under Penal Law § 135.45 (1); she is alleged to have picked up her child at school in violation of a family court order granting custody of the child to the child’s father. It is a question of first impression whether a child’s school can be her “lawful custodian” under section 135.45 (1). As discussed below, the court concludes that it can.

But, nevertheless, the information here fails to allege facts necessary to support two of the remaining elements of section 135.45 (1)—intent…