People v. Ford

53 Misc. 3d 318, 36 N.Y.S.3d 374
CourtCriminal Court of the City of New York
DecidedJuly 11, 2016
StatusPublished

This text of 53 Misc. 3d 318 (People v. Ford) is published on Counsel Stack Legal Research, covering Criminal Court of the City of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Ford, 53 Misc. 3d 318, 36 N.Y.S.3d 374 (N.Y. Super. Ct. 2016).

Opinion

OPINION OF THE COURT

Armando Montano, J.

Defendant is charged with one count of obstructing governmental administration in the second degree (Penal Law § 195.05) and one count of harassment in the second degree (Penal Law § 240.26 [1]).

Defendant moves for an order: (1) dismissing count one, Penal Law § 195.05, as facially insufficient; (2) suppressing any and all admissions, confessions, or statements allegedly made by defendant, or in the alternative, granting a Huntley/Dunaway hearing; (3) suppressing any in-court or out-of-court identifications of defendant, or in the alternative, granting a WadelDunaway hearing; (4) precluding the introduction of any unnoticed identification evidence; (5) directing the People to furnish defendant with a bill of particulars and a response to his demand to produce; (6) precluding the People from introducing at trial any evidence of defendant’s prior convictions or bad acts; (7) directing the People to disclose all Brady material; and (8) granting defendant the right to make additional pretrial motions and the right to amend and/or supplement this motion if made necessary or appropriate by the People’s future disclosure.

The factual allegations in the accusatory instrument sworn to by the deponent, Police Officer J. Jones, read as follows:

“Deponent is informed by CO JENNIFER DECICEO of Department of Corrections, Shield No. 13723 that [on or about December 29, 2015 at approximately 6:45 AM inside of 1 Halleck Street, County of the Bronx, State of New York], Rikers Island Correctional Facility, George R. Vierno Center (GRVC), Housing Area 13A, informant was dressed in her official correction officer uniform while performing a tour, informant walked past defendant’s cell, de[320]*320fendant stated in sum and substance I’M GOING TO SPLASH YOU at which time defendant threw an unknown liquid substance in the direction of informant and said liquid substance struck informant’s torso area and right arm.
“Deponent is further informed by informant that informant was unable to perform her scheduled duties due to leaving said location and receiving medical treatment at a local clinic.”

Motion to Dismiss

Defendant argues that count one must be dismissed because the accusatory instrument fails to allege adequate facts of an evidentiary character which support all of the elements of the charge, to wit: the performance of an official function by a public servant and the intent on his part to frustrate a public servant in performing a specific function. Defendant asserts that the allegation that Correction Officer (CO) Deciceo was performing a tour while in uniform is akin to an allegation that a police officer was on duty, which has been held to be insufficient to establish the element of an official function. Defendant further avers that his purported intent to frustrate the performance of an official function is supported by nothing more than impermissible conclusory allegations.

In opposition, the People assert that the information is facially sufficient in that it provides detailed facts which support the charge of Penal Law § 195.05 and provides suitable notice to defendant to prepare a defense to the offense charged. When given a fair reading, the People argue that all elements of the offense charged are supported by nonhearsay allegations of fact which provide reasonable cause to believe that defendant committed the offense charged. The People point out that the accusatory instrument adequately alleges that defendant deliberately threw an unknown liquid onto CO Deciceo. As a result of defendant’s actions, CO Deciceo was prevented from completing the official function of maintaining order, in that she had to leave her post in order to receive medical attention.

It is well settled that an accusatory instrument must contain facts of an evidentiary nature that support or tend to support the crimes charged (CPL 100.15 [3]; People v Dumas, 68 NY2d 729 [1986]) and contain nonhearsay allegations that establish, if true, every element of the crimes charged (CPL 100.40 [1] [c]). Further, an accusatory instrument must provide reason[321]*321able cause to believe that the defendant committed the crimes charged. (CPL 100.40 [1] [b]; Dumas, 68 NY2d 729.) Reasonable cause to believe that a defendant committed the crimes charged “exists when evidence or information which appears reliable discloses facts or circumstances which are collectively of such weight and persuasiveness as to convince a person of ordinary intelligence, judgment and experience that it is reasonably likely that such offense was committed and that such person committed it.” (CPL 70.10 [2].) “In order for the reasonable cause standard to be met, the factual portion of the accusatory instrument must describe conduct that constitutes the crime charged.” (People v Hightower, 18 NY3d 249, 254 [2011].)

In reviewing an accusatory instrument for facial sufficiency, the court must assume the truth of the factual allegations and consider all favorable inferences drawn therefrom. (CPL 100.40, 100.15; People v Mellish, 4 Misc 3d 1013[A], 2004 NY Slip Op 50869[U] [Crim Ct, NY County 2004].) The facts alleged need only establish the existence of a prima facie case, even if those facts would be insufficient to establish guilt beyond a reasonable doubt. (People v Jennings, 69 NY2d 103 [1986].) “The law does not require that the information contain the most precise words or phrases most clearly expressing the charge, only that the crime and the factual basis therefor be sufficiently alleged.” (People v Sylla, 7 Misc 3d 8, 10 [App Term, 2d Dept, 2d & 11th Jud Dists 2005].) As such, “[s]o long as the factual allegations of an information give an accused notice sufficient to prepare a defense and are adequately detailed to prevent a defendant from being tried twice for the same offense, they should be given a fair and not overly restrictive or technical reading.” (People v Casey, 95 NY2d 354, 360 [2000].)

“A person is guilty of obstructing governmental administration when he intentionally obstructs, impairs or perverts the administration of law or other governmental function or prevents or attempts to prevent a public servant from performing an official function, by means of intimidation, physical force or interference, or by means of any independently unlawful act” (Penal Law § 195.05).

A person acts intentionally with respect to a result or conduct “when his conscious objective is to cause such result or to engage in such conduct.” (Penal Law § 15.05 [1].) “Because ‘ “intent” . . . cannot be the subject of a non-hearsay eviden-[322]*322tiary allegation, it . . .is necessary only that there be alleged evidentiary facts from which intent may be inferred.’ ” (People v Spiegel, 181 Misc 2d 48, 52 [Crim Ct, NY County 1999], quoting People v Leiner, NYLJ, Oct. 15, 1997 at 34, col 5 [App Term, 2d Dept, 2d & 11th Jud Dists 1997], lv denied 91 NY2d 894 [1998].) Intent can be inferred from the defendant’s conduct and/or the surrounding circumstances. (See People v Bracey, 41 NY2d 296 [1977]; People v Collins, 178 AD2d 789 [3d Dept 1991]; People v Hawkins, 1 Misc 3d 905[A], 2003 NY Slip Op 51516[U] [Crim Ct, NY County 2003].)

Penal Law § 195.05 was “intended to make criminal conduct designed to interrupt or shut down administrative governmental operations.” (People v Offen,

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Related

People v. Casey
740 N.E.2d 233 (New York Court of Appeals, 2000)
People v. Hightower
961 N.E.2d 1111 (New York Court of Appeals, 2011)
People v. Dumas
497 N.E.2d 686 (New York Court of Appeals, 1986)
People v. Jennings
69 N.Y.2d 103 (New York Court of Appeals, 1986)
People v. Collins
178 A.D.2d 789 (Appellate Division of the Supreme Court of New York, 1991)
People v. Sylla
7 Misc. 3d 8 (Appellate Terms of the Supreme Court of New York, 2005)
People v. Offen
96 Misc. 2d 147 (Criminal Court of the City of New York, 1978)
People v. Joseph
156 Misc. 2d 192 (Criminal Court of the City of New York, 1992)
People v. Spiegel
181 Misc. 2d 48 (Criminal Court of the City of New York, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
53 Misc. 3d 318, 36 N.Y.S.3d 374, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ford-nycrimct-2016.