Opinion
570004/13
12-28-2015
The People of the State of New York, Respondent, v. Rami Baly, Defendant-Appellant.
PRESENT: Lowe, III, P.J., Shulman, Ling-Cohan, JJ.
Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Neil E. Ross, J.), rendered October 11, 2012, after a nonjury trial, convicting him of disorderly conduct, and imposing sentence.
Per Curiam.
Judgment of conviction (Neil E. Ross, J.), rendered October 11, 2012, affirmed.
The verdict convicting defendant of disorderly conduct (see Penal Law § 240.20[3]) was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the trial court's credibility determinations. The trial court, as factfinder, was warranted in concluding that defendant's conduct — using loud, abusive and obscene language at a bar employee, on the sidewalk near the front door of a crowded Manhattan bar - recklessly created a risk of a "potential or immediate public problem" (People v Weaver, 16 NY3d 123, 128 [2011], quoting People v Munafo, 50 NY2d 326, 331 [1980]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur I concur I concur
Decision Date: December 28, 2015