People v. Offen

In People v. Offen (96 Misc 2d 147 [Crim Ct, NY County 1978]), police officers observed the defendant littering on the sidewalk. When an officer informed the defendant that he would receive a summons, the defendant ignored the officer's demand for identification, a prerequisite to the summons process, and replied "go f**k yourself" (Offen, 96 Misc 2d at 148, 149). The defendant then fled into a store, locked the door, and refused to allow the officers to enter (id. at 149). The court dismissed the obstructing governmental administration charge, holding that the defendant's refusal to provide identification and his subsequent refusal to open the door to the officers was not a crime (id. at 150). In People v Offen, a defendant was advised by a police officer that he was to receive a summons for littering. The defendant proceeded to walk away from the officer and locked himself inside his retail store. The defendant was thereafter charged with littering, resisting arrest and with obstructing governmental administration in the second degree. Upon a motion of the defendant, the obstructing charge was dismissed. As stated by Judge Hertz in that case (at 151): "The section charged ( Penal Law, 195.05) was not designed for this situation. It was, rather, intended to make criminal conduct designed to interrupt or shut down administrative governmental operations. This court fears that there is a tendency to pervert its purpose in the manner disclosed in this case. This Judge would discourage the practice as unnecessary and counterproductive."