| People v McMillon |
| 2015 NY Slip Op 00249 [124 AD3d 922] |
| January 8, 2015 |
| Appellate Division, Third Department |
[*1](January 8, 2015)
| The People of the State of New York, Respondent, vAba McMillon, Appellant. |
Alexander W. Bloomstein, Hillsdale, for appellant.
Paul Czajka, District Attorney, Hudson (H. Neal Conolly of counsel), forrespondent.
Lahtinen, J.P. Appeal from a judgment of the County Court of Columbia County(Nichols, J.), rendered December 12, 2012, convicting defendant following a nonjurytrial of the violations of disorderly conduct and harassment in the second degree.
Police were summoned twice during a July 2011 evening to defendant's residence.They reportedly were met by defendant's loud and repeated profanity-laced commentsdirected at police. Also present were her children and various neighbors in the residentialneighborhood. During the second dispatch, as an officer attempted to arrest defendant,she allegedly thrusted her torso against the officer's torso as she said to the officer,"How's that?" She was charged with the violations of disorderly conduct and harassmentin the second degree. Following a nonjury trial, County Court found her guilty of bothcharges and sentenced her to 10 days in jail. Defendant appeals.
Defendant argues that the convictions were not supported by legally sufficientevidence and was against the weight of the evidence. There was proof that defendantengaged in a stream of protracted, loud and escalating obscenities with the aim ofdisparaging police, in the presence of her children and gathering neighbors. Despiterepeated warnings and efforts by police to calm defendant, she persisted and eventuallypurposely initiated physical contact with an officer who was attempting to arrest her asshe uttered a phrase reflecting the intentionality of her act. Viewed most favorably to thePeople, this proof was sufficient to establish disorderly conduct (see People v Weaver, 16 NY3d123, 128-129 [2011]; seealso People v Baker, 20 NY3d 354, 360-361 [2013]; People v Tichenor,89 NY2d 769, 776-777 [1997], cert denied 522 US 918 [1997]), as well asharassment in the second degree (see People v Collins, 178 AD2d 789, 789-[*2]790 [1991]). Upon independently weighing andconsidering the evidence in the record, while deferring to the many credibilitydeterminations made by the factfinder with respect to the considerable conflicting proof,we find that defendant's convictions were not against the weight of the evidence (seePeople v Bleakley, 69 NY2d 490, 495 [1987]).
McCarthy, Egan Jr. and Devine, JJ., concur. Ordered that the judgment is affirmed,and matter remitted to the County Court of Columbia County for further proceedingspursuant to CPL 460.50 (5).