People v Box (Michael)

[*1] People v Box (Michael) 2012 NY Slip Op 50492(U) Decided on March 20, 2012 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on March 20, 2012
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Shulman, Torres, JJ
570281/08.

The People of the State of New York, Respondent,

against

Michael G. Box, Defendant-Appellant.

Defendant appeals from a judgment of the Criminal Court of the State of New York, Bronx County (Gilbert Hong, J.), rendered August 30, 2007, convicting him, upon his plea of guilty, of disorderly conduct, and imposing sentence.

Per Curiam.

Judgment of conviction (Gilbert Hong, J.), rendered August 30, 2007, affirmed.

We find unavailing defendant's present challenge to the facial sufficiency of the underlying misdemeanor information. The factual portion of the information alleged, inter alia, that the affiant police officer, with his shield displayed, was responding to a radio run of a fellow officer "in need of assistance," when defendant parked his car in front of the police vehicle; that defendant refused to move his car despite repeated police requests to do so, telling the officer, in sum and substance, that "I know who you are and I will move when I'm ready"; that defendant thereby prevented the officer "from responding to the scene to which he was called"; and that defendant "flailed his arms and twisted his body" in attempting to avoid being handcuffed. "[G]iven a fair and not overly restrictive or technical reading" (People v Casey, 95 NY2d 354, 360 [2000]), these allegations were sufficient, for pleading purposes, to make out a prima facie case of obstructing governmental administration in the second degree (Penal Law § 195.05; see People v Pappalardo, 180 Misc 2d 707 [1999]; People v Barrett, 179 Misc 2d 261 [1998]) and resisting arrest (Penal Law § 205.30; see generally Matter of Miguel R., 74 AD3d 548 [2010]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: March 20, 2012