In People v. Vargas (179 Misc. 2d 236 [Crim Ct, NY County 1998]), the information alleged merely that a police officer observed the defendant throw a burning marijuana cigarette into a sewer. That information was dismissed in part because it did not indicate that the officer was engaging in some "official function," such as attempting to retrieve the contraband, when the defendant dropped it into the sewer. The court explained that, to charge a violation of Penal Law 195.05 , it is necessary to allege in the accusatory instrument the "specific action" that the officer was engaged in at the time of the alleged interference. Merely alleging that the officer was on duty is not enough. (See People v. Vargas, supra at 238.) The information in Vargas was dismissed for the further reason that the defendant's intent was not clear from the facts alleged. The Vargas court ruled that the defendant's actions, coupled with his asking the officer "why are you bothering me ... all I was doing was smoking a joint," could reasonably be construed as the simple disposal of the finished marijuana. ( Id. at 240.)