| People v Marshall (Kavon) |
| 2017 NY Slip Op 50634(U) [55 Misc 3d 143(A)] |
| Decided on May 12, 2017 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports.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, New York County (John Cataldo, J.H.O.), rendered March 21, 2016, convicting him, upon a purported plea of guilty, of violating Public Health Law § 229, and imposing sentence.
Per Curiam.
Judgment of conviction (John Cataldo, J.H.O.), rendered March 21, 2016, reversed, on the law, accusatory instrument dismissed, and fine, if paid, remitted.
As the People concede, the accusatory instrument must be dismissed as jurisdictionally defective, since the allegations were insufficient to meet the "public place" element of disorderly conduct (Penal Law §§ 240.20[3]; 240.00[1]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.