People v. Lewis

At the conclusion of a preliminary hearing, the defendants move to dismiss charges of obstructing governmental administration (Penal Law, § 195.05) brought against both defendants on the grounds that the alleged victim of the said obstructing is a special patrolman and that a special patrolman is not a public servant within the purview of section 195.05 of the Penal Law. The disposition of this contention requires a reading together and analysis of three statutes: (1) section 195.05 of the Penal Law (obstructing governmental administration), (2) subdivision 15 of section 10.00 of the Penal…