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People v Poverelli (Rosemarie)
2012 NY Slip Op 52211(U) [37 Misc 3d 139(A)]
Decided on December 6, 2012
Appellate Term, First 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This opinion is uncorrected and will not be published in the printed Official Reports.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 December 6, 2012
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT

PRESENT: Lowe, III, P.J., Shulman, Hunter, Jr., JJ
10-415.

The People of the State of New York, Respondent, - -

against

Rosemarie Poverelli, 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 February 23, 2010, after a nonjury trial, convicting her of disorderly conduct, and imposing sentence.


Per Curiam.

Judgment of conviction (James M. Burke, J.), rendered February 23, 2010, affirmed.

The verdict convicting defendant of disorderly conduct (see Penal Law § 240.20[2]) was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis to disturb the trial court's credibility determinations. The court, as factfinder, was warranted in concluding that when defendant approached a group of nuns during the Sunday church service and angrily yelled at them in a "very loud voice," she recklessly created a risk of a "potential or immediate public problem" (People v Weaver, 16 NY2d 123, 128 [2011], quoting People v Munafo, 50 NY2d 326, 331 [1980]) by making unreasonable noise. Nor was defendant's disruptive behavior justified or excused by her claimed moral convictions or emotional upset (see People v McDaniel, 172 Misc 2d 854, 856 [1997], lv denied 90 NY2d 895 [1997]).

We have considered and rejected defendant's jurisdictional point.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concurI concurI concur
Decision Date: December 06, 2012