Opinion
570272/08.
Decided March 8, 2010.
Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Evelyn Laporte, J.), rendered March 26, 2008, convicting him, upon a plea of guilty, of disorderly conduct, and imposing sentence.
Judgment of conviction (Evelyn Laporte, J.), rendered March 26, 2008, affirmed.
PRESENT: McKeon, P.J., Shulman, Hunter, JJ.
We find unavailing defendant's challenge to the factual sufficiency of the accusatory instrument. The factual portion of the People's pleading alleged, inter alia, that defendant "placed himself" between his sister and the police officers and EMS technicians who were attempting "to take the . . . sister into custody for psychiatric treatment;" that defendant "put his hands up" and told the authorities that they were not "taking [his sister] anywhere;" and that defendant became "combative" when the arresting police officer tried "to remove the defendant from his position." These allegations, "given a fair and not overly restrictive or technical reading" ( People v Casey, 95 NY2d 354, 360), were sufficient for pleading purposes to establish defendant's commission of the underlying obstruction of governmental administrative charge ( see Penal Law § 195.10; People v Pappalardo, 180 Misc 2d 707). Nor was the accusatory instrument rendered infirm by the absence of an additional allegation that the underlyingpolice conduct vis-a-vis defendant's sister was "authorized" ( People v Pappalardo, 180 Misc 2d at 708).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.