| People v Bloom (Derek) |
| 2006 NY Slip Op 52115(U) [13 Misc 3d 136(A)] |
| Decided on November 9, 2006 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Defendant appeals from a judgment of the Criminal Court, New York County (Neil E. Ross, J.), rendered January 21, 2005, after a nonjury trial, convicting him of disorderly conduct and parading without a permit, and imposing sentence.
PER CURIAM:
Judgment of conviction (Neil E. Ross, J.), rendered January 21, 2005, affirmed.
The verdict was supported by legally sufficient evidence and was not against the weight of the evidence. Defendant's intent to cause public inconvenience could reasonably be inferred from his refusal to comply with the police order to disperse and his subsequent conduct in sitting down on the sidewalk. There was also ample proof, including videotape evidence, establishing that the conduct of defendant, along with others, obstructed pedestrian and vehicular traffic (Penal Law § 240.20[5]).
Any error in the admission of an affidavit certifying that the police had no record of a march permit (see People v Pacer, 6 NY3d 504 [2006]) was harmless beyond a reasonable doubt in light of defendant's admission at trial that neither he nor the others with whom he was marching possessed the requisite permit to parade (see People v Douglas, 4 NY3d 777, 779 [2005]).
This constitutes the decision and order of the court.
I concurI concur
Decision Date: November 9, 2006