People v Baly (Rami)

[*1] People v Baly (Rami) 2015 NY Slip Op 51904(U) Decided on December 28, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 December 28, 2015
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Shulman, Ling-Cohan, JJ.
570004/13

The People of the State of New York, Respondent,

against

Rami Baly, Defendant-Appellant.

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Neil E. Ross, J.), rendered October 11, 2012, after a nonjury trial, convicting him of disorderly conduct, and imposing sentence.

Per Curiam.

Judgment of conviction (Neil E. Ross, J.), rendered October 11, 2012, affirmed.

The verdict convicting defendant of disorderly conduct (see 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 trial court, as factfinder, was warranted in concluding that defendant's conduct — using loud, abusive and obscene language at a bar employee, on the sidewalk near the front door of a crowded Manhattan bar - recklessly created a risk of a "potential or immediate public problem" (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: December 28, 2015