| People v Seck |
| 2015 NY Slip Op 02207 [126 AD3d 574] |
| March 19, 2015 |
| Appellate Division, First Department |
[*1]
| The People of the State of New York,Respondent, v Salam Seck, Appellant. |
Seymour W. James, Jr., The Legal Aid Society, New York (Ellen Dille of counsel),for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (David E.A. Crowley of counsel),for respondent.
Judgment, Supreme Court, New York County (Daniel P. FitzGerald, J.), renderedJanuary 27, 2011, convicting defendant, after a nonjury trial, of two counts of disorderlyconduct, and sentencing him to a conditional discharge, five days of community serviceand a $250 fine, unanimously affirmed.
The verdict was based on legally sufficient evidence and was not against the weightof the evidence (see People vDanielson, 9 NY3d 342, 348-349 [2007]). Defendant was convicted ofdisorderly conduct under a theory that he recklessly created a risk of publicinconvenience, annoyance, or alarm by obstructing pedestrian traffic (see PenalLaw § 240.20 [5]), and by congregating with other persons in a public placeand refusing to comply with a lawful order of the police to disperse (see PenalLaw § 240.20 [6]). The People's proof demonstrated that a police officerobserved defendant and others friends standing on the sidewalk obstructing pedestriantraffic. When the officer approached defendant and ordered the men to disperse,defendant repeatedly refused, and pushed the officer. When the officer attempted to placedefendant in handcuffs, defendant began yelling, and grabbed the officer's pepper sprayand radio. At this point, defendant's associates surrounded defendant and the officer.This evidence established the elements of the two types of disorderly conduct atissue.
The original and superseding accusatory instruments were not jurisdictionallydefective, since they sufficiently alleged the above-discussed offenses (see generally People v Jackson,18 NY3d 738, 741 [2012]). Concur—Mazzarelli, J.P., DeGrasse, Richter andFeinman, JJ.