Opinion
570738/03.
Decided May 4, 2006.
Defendant appeals from a judgment of the Criminal Court, New York County (Barbara Jaffe, J.), rendered July 14, 2003, after a nonjury trial, convicting her of disorderly conduct (two counts), and imposing sentence.
Judgment of conviction (Barbara Jaffe, J.), rendered July 14, 2003, affirmed.
PRESENT: McCOOE, J.P., GANGEL-JACOB, J.
Defendant's challenge to the facial sufficiency of the accusatory instrument is unavailing. Allegations that at a specified date and time, defendant was "standing with a crowd in front of 205 West 39th street obstructing pedestrian traffic after they had been advised by the police that they were obstructing pedestrian traffic and should leave the location," given a fair and not overly restrictive or technical reading ( People v. Casey, 95 NY2d 354, 360), are sufficient for pleading purposes to make out a prima facie case of disorderly conduct ( see Penal Law § 240.20, [6]).
The verdict was supported by legally sufficient evidence and was not against the weight of the evidence. We find no basis to disturb the trial court's credibility determinations, which are supported by the record. Defendant's intent to cause public inconvenience reasonably could be inferred from her refusal to comply with the police order to disperse and her subsequent conduct in sitting down on the sidewalk. Moreover, there was sufficient evidence that defendant's conduct obstructed pedestrian traffic.
This constitutes the decision and order of the court.