PEOPLE v. JOSEPH


156 Misc.2d 192 (1992)

592 N.Y.S.2d 238

The People of the State of New York, Plaintiff, v. Calvin Joseph, Defendant.

Criminal Court of the City of New York, Kings County.

December 2, 1992


Attorney(s) appearing for the Case

Robert M. Baum (Angeli Rasbury of counsel), for defendant. Charles J. Hynes, District Attorney of Kings County (James Hackett of counsel), for plaintiff.


WILLIAM GARNETT, J.

Is a police officer engaged in an "official function" as contemplated by Penal Law § 195.05, entitled "Obstructing governmental administration in the second degree", when he or she is merely in uniform and on patrol?

By this information, the defendant is charged with assault in the third degree, criminal possession of a weapon in the fourth degree and obstructing governmental administration in the second degree.

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