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Decided on May 14, 2004
Criminal Court Of The City Of New York, New York County,

Indictment/Index No. 2004NY018504
Ellen M. Coin, J.
Defendant is charged with Obstructing Governmental Administration in the Second Degree in violation of Penal Law Section 195.05. He moves this Court for an order dismissing the complaint for facial insufficiency and in the interests of justice.
The complaint alleges that the affiant police officer was approached by a woman who informed him that a man was harassing pedestrians a few blocks away; that the officer was in a police car; that an oil-tank trailer operated by defendant was blocking traffic and blocking the officer's path; that the officer told defendant that he was attempting to respond to a call and ordered defendant to move the oil-tank trailer out of the way; that defendant repeatedly refused to move the oil tanker out of the way, stating, "Leave me alone, I'm trying to do my job, leave me alone, I'll deal with you later"; and that defendant's actions prevented the officer from responding to the reported incident.
An information is facially sufficient if it contains facts of an evidentiary character tending to support the charges. Criminal Procedure Law

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