People v Frank (Ramon)

[*1] People v Frank (Ramon) 2020 NY Slip Op 50040(U) Decided on January 17, 2020 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 January 17, 2020
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Shulman, P.J., Cooper, J.
570823/14

The People of the State of New York,

against

Ramon Frank, 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 September 24, 2014, after a nonjury trial, convicting him of disorderly conduct, and imposing sentence.

Per Curiam.

Judgment of conviction (John Cataldo, J.H.O.), rendered September 24, 2014, reversed, on the law, the facts, and as a matter of discretion in the interest of justice, and the accusatory instrument is dismissed.

The verdict convicting the defendant of disorderly conduct pursuant to Penal Law § 240.20(5) was not based on legally sufficient evidence and was, in any event, against the weight of the evidence (see People v Danielson, 9 NY3d 342 [2007]). Absent from the record is the essential quantum of proof that defendant intended to cause or recklessly created the risk of "a potential or immediate public problem" (People v Munafo, 50 NY2d 326, 331 [1980]), when his vehicle blocked two vehicles in the northbound lane of traffic on a two-way street for approximately "30 seconds" (see People v Johnson, 22 NY3d 1162, 1164 [2014]; People v Ortiz, 63 Misc 3d 32 [App Term, 1st Dept 2019]).

We note the absence of a respondent's brief.

In view of our determination, we reach no other issue.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur
Decision Date: January 17, 2020