Opinion
570379/15
03-12-2021
The PEOPLE of the State of New York, Respondent, v. Anton BIRCH, Defendant-Appellant.
Per Curiam.
Judgment of conviction (Herbert J. Adlerberg, J.H.O.), rendered February 3, 2015, affirmed.
The information charging disorderly conduct ( see Penal Law § 240.20 ) was not jurisdictionally defective. Nonhearsay allegations established every element of the offense and defendant's commission thereof ( see CPL 100.40[1][c] ; People v Middleton , 35 NY3d 952, 954 [2020] ). Defendant's intent to cause public inconvenience, annoyance or alarm, or recklessly create a risk thereof ( see People v Weaver , 16 NY3d 123, 128 [2011] ) could be readily inferred from allegations that he refused to comply with the routine magnetometer search procedure at the Bronx County Criminal Court building on a specified weekday afternoon during the hours of court; used obscene and abusive language, i.e., "Why you going through my shit. This is bullshit. Fuck this shit;" and "refused to comply with several lawful orders to refrain from the disruptive conduct, to comply with the voluntary search or vacate the area" ( see People v Lee , 55 Misc 3d 138[A], 2017 NY Slip Op 50521[U] [App Term, 1st Dept 2017], lv denied 29 NY3d 1092 [2017] ; see also Matter of Monique Elizabeth J. v Orlandro D. , 145 AD3d 557 [2016], lv denied 29 NY3d 901 [2017] ; Norasteh v State of New York , 44 AD3d 576 [2007], lv denied 10 NY3d 709 [2008] ; People v Clarke, 34 Misc 3d 159[A], 2012 NY Slip Op 50438[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2012], lv denied 19 NY3d 958 [2012] ).
All concur.