| People v Moye |
| 2011 NY Slip Op 08965 [90 AD3d 472] |
| Dcmbr 13, 2011 |
| Appellate Division, First Department |
| The People of the State of New York, Respondent, v RubinMoye, Appellant. |
—[*1] Robert T. Johnson, District Attorney, Bronx (Brian J. Reimels of counsel), forrespondent.
Judgment, Supreme Court, Bronx County (Edward M. Davidowitz, J.), rendered August 31,2009, convicting defendant, after a nonjury trial, of disorderly conduct, and sentencing him totime served, unanimously affirmed.
Defendant was convicted of disorderly conduct under a theory that he recklessly created arisk of public inconvenience, annoyance, or alarm by obstructing traffic (see Penal Law§ 240.20 [5]). The People's proof demonstrated that even after an officer identifiedhimself, defendant continued running from an unmarked police vehicle, zigzagging between thesidewalk and the street, and interfering with traffic.
Defendant's defense was that he was appropriately and justifiably running into and out of thestreet in order to escape from a suspicious van at night in a high-crime area and that he wastaking evasive actions to avoid being hit by the pursuing van, which followed him onto thesidewalk.
Defendant's argument that the People's evidence is legally insufficient to support theconviction is unpreserved. As an alternative holding, assuming that the argument is preserved,we find that the conviction is supported by sufficient evidence. We further conclude that theverdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-[*2]349 [2007]). Viewing the evidence as a whole in the exercise of ourfactual review powers, we find that the People presented sufficient evidence to refute defendant'sdefense beyond a reasonable doubt. Concur—Gonzalez, P.J., Friedman, Moskowitz,Acosta and Richter, JJ.