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THE PEOPLE, res, v. CASTANO, def-app

14-259. THE PEOPLE, res, v. CASTANO, def-app — Judgment of conviction (Steven J. Hornstein, J.), rendered July 1, 2013, affirmed.

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14-259. THE PEOPLE, res, v. CASTANO, def-app — Judgment of conviction (Steven J. Hornstein, J.), rendered July 1, 2013, affirmed.

In view of the defendant’s knowing waiver of his right to prosecution by information, the facial sufficiency of the accusatory instrument must be assessed under the standard required of a misdemeanor complaint (see People v. Dumay, 23 NY3d 518 [2014]). So viewed, the accusatory instrument was jurisdictionally valid, because it described facts of an evidentiary nature establishing reasonable cause to believe that defendant was guilty of the charged offense of obstructing governmental administration in the second degree (see Penal Law 195.05). The accusatory instrument alleged, inter alia, that as police were attempting to handcuff an arrestee, one Stephanie Castano, “defendant attempted to push the deponent [officer] and attempted to get in between several officers and… Stephanie Castano, thereby delaying their placing her in handcuffs.” Contrary to defendant’s contention, these allegations were sufficient for pleading purposes to establish that the officers were engaged in authorized conduct — attempting to subdue and handcuff an arrested individual (see People v. Romeo, 9 AD3d 744, 745 [2004]) — when defendant interfered with the officers’ performance of their duties (see Matter of Isaiah C., 96 AD3d 617 [2012]; Matter of Carlos G., 215 AD2d 165 [1995]).

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