Opinion
February 28, 1994
Appeal from the Family Court, Kings County (Lubow, J.).
Ordered that the order of disposition is reversed, on the law, without costs or disbursements, the provision of the fact-finding order as to the charge of obstructing governmental administration is vacated, the petition is dismissed, and the appellant's record is sealed pursuant to Family Court Act § 375.1.
As the presenting agency correctly concedes, the petition, along with its supporting deposition, failed to allege facts, which if true, would establish that the underlying arrest, which was an official function performed by a police officer, was authorized by law. The petition therefore failed to allege facts sufficient to establish all of the essential elements of the crime of obstructing governmental administration in the second degree (see, Penal Law § 195.05; Matter of Verna C., 143 A.D.2d 94; People v. Vogel, 116 Misc.2d 332). Accordingly, the petition is jurisdictionally defective and should have been dismissed (see, Family Ct Act § 311.2; Matter of David T., 75 N.Y.2d 927; Matter of Verna C., supra). Sullivan, J.P., Pizzuto, Joy and Goldstein, JJ., concur.