| People v Barabondeka (Oscar) |
| 2016 NY Slip Op 50063(U) [50 Misc 3d 135(A)] |
| Decided on January 20, 2016 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 of the City of New York, Bronx County (Vincent Quattrochi, J.H.O.), rendered September 29, 2014, after a nonjury trial, convicting him of disorderly conduct, and imposing sentence.
Per Curiam.
Judgment of conviction (Vincent Quattrochi, J.H.O.), rendered September 29, 2014, reversed, on the law, accusatory instrument dismissed, and fine and surcharge, if paid, remitted.
The information charging defendant with disorderly conduct (see Penal Law § 240.20[5]) was jurisdictionally defective, since it failed to allege the "essential element of either intent or recklessness" (see People v Tarka, 75 NY2d 996, 997 [1990]). Contrary to the People's contention, defendant's requisite intent to cause public inconvenience, annoyance or alarm by obstructing vehicular traffic, or recklessness in creating such a risk, is not fairly inferable from the police allegation that defendant made "an illegal u turn" at an intersection (see People v Hanneman, 19 Misc 3d 73 [2008].