People v. Skrodzki

Full title: The People of the State of New York, Respondent, v. Andrzej Skrodzki…

Court: SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

Date published: Nov 26, 2014

2014 N.Y. Slip Op. 51728 (N.Y. App. Term 2014)

5 N.Y.S.3d 329

Opinion

2013-189 Q CR

11-26-2014

The People of the State of New York, Respondent, v. Andrzej Skrodzki, Appellant.

PESCE, P.J.

PRESENT: , ALIOTTA and ELLIOT, JJ.

Appeal from a judgment of the Criminal Court of the City of New York, Queens County (Cesar Quinones, J.H.O.), rendered January 16, 2013. The judgment convicted defendant, after a nonjury trial, of disorderly conduct.

ORDERED that the judgment of conviction is reversed, on the law, the accusatory instrument is dismissed, and the fine and surcharge, if paid, are remitted.

Defendant was charged with disorderly conduct (Penal Law § 240.20) in connection with an incident that occurred on May 3, 2012, at "1 Honeywell St., 2nd floor." The factual allegations of the information provide that defendant shouted at the officer, "don't you touch me you f??ing pig," and that defendant had become aggressive towards the officer. After a nonjury trial, defendant was convicted of the charged offense. On appeal, defendant contends, among other things, that the information is jurisdictionally defective. We agree.

The information charging defendant with disorderly conduct is jurisdictionally defective because it fails to provide factual allegations that "establish, if true, every element of the offense charged" (CPL 100.40 [1] [c]; see also CPL 100.15 [3]; 100.40 [1] [b]). Specifically, there are no factual allegations indicating that defendant's conduct had a "public ... dimension" (People v Munafo, 50 NY2d 326, 331 [1980]), a necessary component of the offense of disorderly conduct (see Penal Law § 240.20; Munafo, 50 NY2d at 331; People v Stewart, 32 Misc 3d 153[A], 2011 NY Slip Op 51445[U] [App Term, 2d, 11th & 13th Jud Dists 2011]; People v Council, 19 Misc 3d 145[A], 2008 NY Slip Op 51132[U] [App Term, 2d & 11th Jud Dists 2008]; People v Dennis, 13 Misc 3d 41 [App Term, 9th & 10th Jud Dists 2006]; see generally People v Jones, 9 NY3d 259 [2007]).

Accordingly, the judgment is reversed and the accusatory instrument is dismissed.

Pesce, P.J., Aliotta and Elliot, JJ., concur.

Decision Date: November 26, 2014