People v Robinson (Ludlow)

[*1] People v Robinson (Ludlow) 2012 NY Slip Op 51807(U) Decided on September 13, 2012 Appellate Term, Second 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 September 13, 2012
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., RIOS and SOLOMON, JJ
2009-940 Q CR.

The People of the State of New York, Respondent,

against

Ludlow Robinson, Appellant.

Appeal from a judgment of the Criminal Court of the City of New York, Queens County (Cesar Quinones, J.H.O.), rendered March 12, 2009. The judgment convicted defendant, after a nonjury trial, of violating New York City Administrative Code § 15-216 (a).

ORDERED that the judgment of conviction is reversed, on the law, and the accusatory instrument is dismissed.

In December 2008, defendant was charged with disorderly conduct (Penal Law § 240.20 [7]). The accusatory instrument alleged, among other things, that the complainant police officer had responded to a verbal dispute between defendant and a bus driver, during which defendant had refused to move from his standing position behind the driver "thereby creating a hazardous condition by blocking the driver's view." Following a nonjury trial, at which defendant represented himself, the judicial hearing officer stated "Forget it. Enough. I'll reduce it to a violation of the administrative code. $50." It is not disputed that defendant was ultimately convicted of violating New York City Administrative Code § 15-216 (a).

Administrative Code § 15-216 (a) pertains to fines and penalties for the violation of fire prevention and control codes. Since the foregoing section of the administrative code is not a lesser included offense of disorderly conduct, a violation (see CPL 220.20; Penal Law § 240.20), [*2]the judgment of conviction is reversed and the accusatory instrument is dismissed.

Pesce, P.J., Rios and Solomon, JJ., concur.
Decision Date: September 13, 2012