SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS New York Supreme and/or Appellate Courts
September 13, 2012
THE PEOPLE OF THE STATE OF NEW YORK,
Appeal from a judgment of the Criminal Court of the City of New York, Queens County (Cesar Quinones, J.H.O.), rendered March 12, 2009.
People v Robinson (Ludlow)
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.
Decided on September 13, 2012
PRESENT: PESCE, P.J., RIOS and SOLOMON, JJ
The judgment convicted defendant, after a non-jury trial, of violating New York City Administrative Code § 15-216 (a).
ORDERED that the judgment of conviction is reversed, on the law, and the accusatory instrument is dismissed.
In December 2008, defendant was charged with disorderly conduct (Penal Law § 240.20 ). The accusatory instrument alleged, among other things, that the complainant police officer had responded to a verbal dispute between defendant and a bus driver, during which defendant had refused to move from his standing position behind the driver "thereby creating a hazardous condition by blocking the driver's view." Following a non-jury trial, at which defendant represented himself, the judicial hearing officer stated "Forget it. Enough. I'll reduce it to a violation of the administrative code. $50." It is not disputed that defendant was ultimately convicted of violating New York City Administrative Code § 15-216 (a).
Administrative Code § 15-216 (a) pertains to fines and penalties for the violation of fire prevention and control codes. Since the foregoing section of the administrative code is not a lesser included offense of disorderly conduct, a violation (see CPL 220.20; Penal Law § 240.20), the judgment of conviction is reversed and the accusatory instrument is dismissed.
Pesce, P.J., Rios and Solomon, JJ., concur.
Decision Date: September 13, 2012
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