People v. Lemma

(dissenting and voting to affirm the order, insofar as appealed from, in the following memorandum). Defendant was charged, in an information, with official misconduct (Penal Law § 195.00 [2]). As the majority points out, the issues raised by this appeal are whether the information sufficiently pleaded that a specified failure to act on defendant’s part was a knowing failure to perform a duty which is imposed upon him by law or is clearly inherent in the nature of his job as a police officer, and whether the information sufficiently pleaded that defendant had the requisite intent to deprive…