People v Marshall (Kavon)

[*1] People v Marshall (Kavon) 2017 NY Slip Op 50634(U) Decided on May 12, 2017 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 May 12, 2017
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Schoenfeld, J.P., Shulman, Gonzalez, JJ.
16-334,

The People of the State of New York, Respondent,

against

Kavon Marshall, Defendant-Appellant.

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (John Cataldo, J.H.O.), rendered March 21, 2016, convicting him, upon a purported plea of guilty, of violating Public Health Law § 229, and imposing sentence.

Per Curiam.

Judgment of conviction (John Cataldo, J.H.O.), rendered March 21, 2016, reversed, on the law, accusatory instrument dismissed, and fine, if paid, remitted.

As the People concede, the accusatory instrument must be dismissed as jurisdictionally defective, since the allegations were insufficient to meet the "public place" element of disorderly conduct (Penal Law §§ 240.20[3]; 240.00[1]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concurI concurI concur
Decision Date: May 12, 2017