People v Barnhill (Boris)

[*1] People v Barnhill (Boris) 2015 NY Slip Op 50238(U) Decided on March 2, 2015 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 March 2, 2015
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Hunter, Jr., J.P., Shulman, Ling-Cohan, JJ.
571079/12

The People of the State of New York, Respondent,

against

Boris Barnhill, Defendant-Appellant,

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Larry R.C. Stephen, J.), rendered October 25, 2012, after a nonjury trial, convicting him of disorderly conduct, and imposing sentence.

Per Curiam.

Judgment of conviction (Larry R.C. Stephen, J.), rendered October 25, 2012, affirmed.

The verdict convicting defendant of disorderly conduct (Penal Law 240.20[3]) was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the trial court's credibility determinations. The court, as factfinder, was warranted in concluding that defendant's conduct — which included yelling and cursing on a midtown Manhattan street in the vicinity of pedestrians and uniformed police officers, the latter standing in front of a precinct station house — recklessly created a risk of a "potential or immediate public problem" (see People v Weaver, 16 NY3d 123, 128 [2011], quoting People v Munafo, 50 NY2d 326, 331 [1980]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur I concur I concur
Decision Date: March 02, 2015