People v Alexander (Hans)

[*1] People v Alexander (Hans) 2007 NY Slip Op 52263(U) [17 Misc 3d 135(A)] Decided on December 3, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 December 3, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: Davis, J.P., Schoenfeld, Heitler, JJ
570045/05.

The People of the State of New York, Respondent,

against

Hans Alexander, Defendant-Appellant,

Defendant appeals from an order of the Criminal Court of the City of New York, Bronx County (Seth L. Marvin, J.), dated March 10, 2006, which denied his CPL 440.10 motion to vacate a prior judgment of the same court and judge, rendered October 6, 2004, convicting him, upon a plea of guilty, of resisting arrest, and imposing sentence.

PER CURIAM:

Order (Seth L. Marvin, J.), dated March 10, 2006, affirmed.

Defendant's present challenge to the facial sufficiency of the accusatory instrument is unavailing. Allegations that at a specified time and location police, responding to a "domestic dispute in the street," observed defendant screaming at a woman, with a crowd of about 40 people gathered, and that defendant yelled at the responding officers "while holding his fingers as if a gun," were sufficient for pleading purposes to make out a prima facie case of disorderly conduct (see Penal Law § 240.20[1]; see generally People v Casey, 95 NY2d 354, 360 [2000]). Given the lack of merit to defendant's facial sufficiency claim, his satellite contention that trial counsel was ineffective for failing to challenge the sufficiency of the accusatory instrument must also be rejected.
THIS CONSTITUTES THE DECISION AND ORDER OF THE
COURT.
Decision Date: December 3, 2007