Opinion
No. 10–415.
2012-12-6
The PEOPLE of the State of New York, Respondent, v. Rosemarie POVERELLI, Defendant–Appellant.
Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (James M. Burke, J.), rendered February 23, 2010, after a nonjury trial, convicting her of disorderly conduct, and imposing sentence.
Present: LOWE, III, P.J., SHULMAN, HUNTER, Jr., JJ.
PER CURIAM.
Judgment of conviction (James M. Burke, J.), rendered February 23, 2010, affirmed.
The verdict convicting defendant of disorderly conduct ( seePenal Law § 240.20[2] ) was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis to disturb the trial court's credibility determinations. The court, as factfinder, was warranted in concluding that when defendant approached a group of nuns during the Sunday church service and angrily yelled at them in a “very loud voice,” she recklessly created a risk of a “potential or immediate public problem” ( People v. Weaver, 16 N.Y.2d 123, 128 [2011], quoting People v. Munafo, 50 N.Y.2d 326, 331 [1980] ) by making unreasonable noise. Nor was defendant's disruptive behavior justified or excused by her claimed moral convictions or emotional upset ( see People v. McDaniel, 172 Misc.2d 854, 856 [1997],lv denied90 N.Y.2d 895 [1997] ).
We have considered and rejected defendant's jurisdictional point.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur