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People v. Lawrence

Interfering With and Slapping Officer Supported Obstruction and Harassment Charges

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DECISION AND ORDER

*1  The defendant is charged with Obstructing Governmental Administration in Second Degree in violation of PL §195.05, Disorderly Conduct in violation of PL §§240.20(1), (2) and (7), and Harassment in the Second Degree in violation of PL §240.26(1). By motion filed on November 14, 2017, the defendant moves to dismiss all charges for facial insufficiency. On or about December 10, 2017, the People filed a response, and on December 14, 2017, the People filed a reply. For the following reasons, defendant’s motion to dismiss the PL §195.05 and PL §240.26(1) charges is DENIED. The motion to dismiss the PL §§240.20(1), (2) and (7) charges is GRANTED.I. MOTION TO DISMISS FOR FACIAL INSUFFICIENCYA. Legal Sufficiency StandardAn information is facially sufficient if it alleges nonhearsay factual allegations of an evidentiary nature which, if true, provide reasonable cause for every element of the offense(s) charged and the defendant’s commission thereof (see CPL 100.15(3); 100.40(1)(b) and (c); People v. Alejandro, 70 NY2d 133, 137 [1987]; People v. Kalin, 12 NY3d 225, 229 [2009]). The “reasonable cause” burden is met where:

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