People v Reynoso

People v Reynoso 2010 NY Slip Op 07495 [77 AD3d 528] October 21, 2010 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, December 15, 2010

The People of the State of New York, Respondent,
v
Ramon Reynoso, Appellant.

—[*1] Steven Banks, The Legal Aid Society, New York (Ellen Dille of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Allen H. Saperstein of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Margaret L. Clancy, J.), rendered March 5, 2007, convicting defendant, after a nonjury trial, of public lewdness, and sentencing him to a term of 1 year's probation, unanimously affirmed.

The superceding information charging defendant with public lewdness pursuant to Penal Law § 245.00 was facially sufficient. The "public place" requirement was satisfied by allegations that adequately described the premises (an entry vestibule), defendant's conduct and the surrounding circumstances, so as to warrant the inference that defendant committed a lewd act in a place where he would likely be observed by casual passersby (see People v McNamara, 78 NY2d 626 [1991]). Concur—Sweeny, J.P., Freedman, Richter, Manzanet-Daniels and RomÁn, JJ.