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People v Welch (Desmond)
2015 NY Slip Op 51476(U) [49 Misc 3d 135(A)]
Decided on September 17, 2015
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This opinion is uncorrected and will not be published in the printed Official Reports.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 17, 2015
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: PESCE, P.J., WESTON and SOLOMON, JJ.
2013-2272 K CR

The People of the State of New York, Respondent,

against

Desmond Welch, Appellant.


Appeal from a judgment of the Criminal Court of the City of New York, Kings County (Eugene Schwartzwald, J.H.O.), rendered October 3, 2013. The judgment convicted defendant, after a nonjury trial, of disorderly conduct.

ORDERED that, on the court's own motion, defendant's notice of appeal from a purported judgment convicting him of reckless driving is deemed a valid notice of appeal from the judgment convicting defendant of disorderly conduct (see CPL 460.10 [6]); and it is further,

ORDERED that the judgment of conviction is reversed, on the law and as a matter of discretion in the interest of justice, the accusatory instrument is dismissed, and the fine, if paid, is remitted.

Following a nonjury trial, the Criminal Court found defendant guilty of disorderly conduct (Penal Law § 240.20). On appeal, defendant contends that the proof at trial was legally insufficient to establish his guilt. While defendant failed to preserve this issue, we reach it as a matter of discretion in the interest of justice (see CPL 470.15 [6] [a]).

Upon a review of the record, we find that the evidence adduced at trial, when considered in the light most favorable to the People (see People v Contes, 60 NY2d 620, 621 [1983]), was legally insufficient to establish all of the elements of disorderly conduct (see Penal Law § 240.20) beyond a reasonable doubt. There was no proof that defendant obstructed vehicular or pedestrian traffic (Penal Law § 240.20 [5]), or committed any of the other acts proscribed by Penal Law § 240.20.

In light of the foregoing, we pass on no other issue.

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

Pesce, P.J., Weston and Solomon, JJ., concur.


Decision Date: September 17, 2015