Summary
In People v. Canner, 88 Misc.2d 85, 388 N.Y.S.2d 812 (1975), aff'd, 40 N.Y.2d 886, 389 N.Y.S.2d 361, 357 N.E.2d 1016 (1975), a New York court concluded that a defendant was not disorderly where the occupants of two apartments in a building complained that he was noisy.
Summary of this case from Com. v. HarmonOpinion
June 10, 1975
Appeal from the Criminal Court of the City of New York, Kings County, BERNARD MOLDOW, J.
Abraham Schatzman for appellant.
Eugene Gold, District Attorney (Steven Di Joseph of counsel), for respondent.
MEMORANDUM. Judgment of conviction unanimously reversed on the law, complaint dismissed and fine remitted.
Defendant's conduct did not rise to the level required by the statute, since the disturbance complained of was not public, but private in nature (see Penal Law, § 240.20; People v Chesnick, 302 N.Y. 58; People v Hill, 60 Misc.2d 277; People v Reid, 180 Misc. 289). While it is true that the offense of disorderly conduct can be committed inside an apartment house (People v Chesnick, supra), only the occupants of the two apartments complained of the noise.
Concur: GROAT, P.J., PINO and RINALDI, JJ.