People v. Ketter
| Decision Date | 10 January 1974 |
| Citation | 351 N.Y.S.2d 579,76 Misc.2d 698 |
| Parties | The PEOPLE of the State of New York v. Wayne KETTER a/k/a Wayne Eleby, and Michael Knight a/k/a Raymond Abney, Defendants. |
| Court | New York City Court |
Mario Merola, Dist. Atty., Bronx County, Bronx, by Mary Elizabeth Abbate, Asst. Dist. Atty., for the People.
William Gallagher, The Legal Aid Society, New York City, by Martin Nardi Gamliel, New York City, for defendants.
At the preliminary hearing the defendants moved to dismiss the charge of Obstructing Governmental Administration in violation of Section 195.05 Penal Law. That was just one of several charges against them. This court reserved decision on the motions. At the same time, on the motion of the Assistant District Attorney, the felony charges were reduced to misdemeanor grade.
Since then the defendant Knight a/k/a Abney pleaded guilty to petty larceny (Section 155.25 P.L.) to cover the charges pending against him. For the reason, the matter is moot as to him. But with respect to defendant Wayne Ketter a/k/a Wayne Eleby, who is presently sought on a warrant duly issued for his failure to appear, the issue persists.
Defendants were arrested as the result of the alleged operation and control of a stolen vehicle. After they were taken into custody, the arresting officer asked them for their names, addresses and ages. The defendants provided false information, and consequently, they were erroneously processed as juveniles and taken to Spofford Youth House and then to Family Court. Later, it was determined that the defendants were, in fact, adults, and they had to be rearrested and the case was removed to Criminal Court. Defense counsel now claims that neither the facts asserted in the complaint nor as developed at the preliminary hearing were legally sufficient to sustain a charge for Obstructing Governmental Administration.
Section 195.05 of the Penal Law states that:
'A person is guilty of obstructing governmental administration when he intentionally obstructs, impairs or perverts the administration of law or other governmental function or prevents or attempts to prevent a public servant from performing an official function, by means of intimidation, physical force or interference, or by means of any independently unlawful act.'
According to this provision, there are two methods by which a person can obstruct governmental administration: through the use of 'intimidation, physical force or interference' or through 'any independently unlawful act.' There is no question that any action which would prevent a police officer from effecting a lawful arrest in a peaceable manner or prevent a police officer from conveying a lawfully arrested person to the police station without physical interference is prohibited by Section 195.05. People v. Shea, 68 Misc.2d 271, 326 N.Y.S.2d 70 (Ct. of Special Sessions, Yonkers, 1971). But in the present case, no physical force was employed; the defendants did not in any way resist arrest. What they did was provide incorrect information concerning their names, addresses and ages, which caused some inconvenience to the authorities; that is, they verbally misrepresented. However, the defendants were not, at the time, under any legal duty to tell the truth or, in fact, to speak at all. Since they were not under oath, they are not subject to pro...
To continue reading
Request your trial
-
People v. Kirk
...to the police, I am not prepared to conclude that such act constitutes criminal conduct (People v. Brown, supra; People v. Ketter, 76 Misc.2d 698, 351 N.Y.S.2d 579; People v. Gaissert, 75 Misc.2d 478, 348 N.Y.S.2d 82). The conduct of the defendant here and in People v. Bigus (supra), while ......
-
People v. Case
...governmental administration (see, e. g., People v. Clough, 43 A.D.2d 451, 454, 353 N.Y.S.2d 260, 263; People v. Ketter, 76 Misc.2d 698, 700-701, 351 N.Y.S.2d 579, 581, 582; People v. Longo, 71 Misc.2d 385, 390, 336 N.Y.S.2d 85, 91; People v. Arvio, 66 Misc.2d 474, 478, 321 N.Y.S.2d 382, 387......
-
Davan L., Matter of
...People v. Case, 42 N.Y.2d 98, 396 N.Y.S.2d 841, 365 N.E.2d 872; People v. Lopez, 97 Misc.2d 124, 410 N.Y.S.2d 787; People v. Ketter, 76 Misc.2d 698, 351 N.Y.S.2d 579; People v. Longo, 71 Misc.2d 385, 336 N.Y.S.2d 85; cf., In re Carlos G., 215 A.D.2d 165, 626 N.Y.S.2d 137; People v. Hope, 67......
-
People v. Simon
...of Obstructing Governmental Administration. People v. Clough, 43 A.D.2d 451, 454, 353 N.Y.S.2d 260 (3rd Dept., 1974); People v. Ketter, 76 Misc.2d 698, 351 N.Y.S.2d 579 (Criminal Court, Bronx Cnty., 1974). It is apparent from the clear language of the statute, as well as case law, that the ......