Summary
affirming disorderly conduct conviction where defendant yelled and loudly cursed at arresting officer in crowded subway station
Summary of this case from Hughes v. LebronOpinion
No. 10–416.
2012-01-25
The PEOPLE of the State of New York, Respondent, v. William TERRY, Defendant–Appellant.
Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (James M. Burke, J.), rendered May 20, 2010, after a nonjury trial, convicting him of disorderly conduct, and imposing sentence.
Present: LOWE, III, P.J., SCHOENFELD, HUNTER, JR., JJ.
PER CURIAM.
Judgment of conviction (James M. Burke, J.), rendered May 20, 2010, affirmed.
The verdict convicting defendant of disorderly conduct (Penal Law § 240.20 [2] ) was based on legally sufficient evidence and was not against the weight of the evidence. The trial court, as factfinder, was warranted in concluding that defendant's conduct—including yelling and cursing “very loud[ly]” at the arresting officer—in a crowded subway station recklessly created a risk of a “potential or immediate public problem” (People v. Weaver, 16 NY3d 123, 128 [2011], quoting People v. Munafo, 50 N.Y.2d 326, 331 [1980] ).