People v Letang (Terric)

[*1] People v Letang (Terric) 2007 NY Slip Op 50318(U) [14 Misc 3d 139(A)] Decided on February 28, 2007 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 February 28, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., McCooe, Davis, JJ
570910/05.

The People of the State of New York,

against

Terric L. Letang, Defendant-Appellant.

Defendant appeals from a judgment of the Criminal

Court of the City of New York, New York County (Morris Goldman, J.H.O.), rendered September l, 2005, after a nonjury trial, convicting him of disorderly conduct, and imposing sentence.
PER CURIAM:

Judgment of conviction (Morris Goldman, J.H.O.), rendered September 1, 2005, reversed, on the law, accusatory instrument dismissed, and fine and surcharge 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" (People v Tarka, 75 NY2d 996, 997 [1990]). Contrary to the People's contention, defendant's requisite intent to cause public inconvenience by obstructing pedestrian traffic is not "fair[ly]" inferable from police allegations that defendant "was observed sitting down on [a] chair" in front of a public housing building and "became irate, loud and boisterous" during the ensuing encounter (cf. People v Inserra, 4 NY3d 30 [2004]).

This constitutes the decision and order of the court.
Decision Date: February 28, 2007