Opinion
No. 2009–940QCR.
2012-09-13
The PEOPLE of the State of New York, Respondent, v. Ludlow ROBINSON, Appellant.
Present: PESCE, P.J., RIOS and SOLOMON, JJ.
Appeal from a judgment of the Criminal Court of the City of New York, Queens County (Cesar Quinones, J.H.O.), rendered March 12, 2009. The judgment convicted defendant, after a nonjury trial, of violating New York City Administrative Code § 15–216(a).
ORDERED that the judgment of conviction is reversed, on the law, and the accusatory instrument is dismissed.
In December 2008, defendant was charged with disorderly conduct (Penal Law § 240.20[7] ). The accusatory instrument alleged, among other things, that the complainant police officer had responded to a verbal dispute between defendant and a bus driver, during which defendant had refused to move from his standing position behind the driver “thereby creating a hazardous condition by blocking the driver's view.” Following a nonjury trial, at which defendant represented himself, the judicial hearing officer stated “Forget it. Enough. I'll reduce it to a violation of the administrative code. $50.” It is not disputed that defendant was ultimately convicted of violating New York City Administrative Code § 15–216(a).
Administrative Code § 15–216(a) pertains to fines and penalties for the violation of fire prevention and control codes. Since the foregoing section of the administrative code is not a lesser included offense of disorderly conduct, a violation ( see CPL 220 .20; Penal Law § 240.20), [Slip Op. 2]the judgment of conviction is reversed and the accusatory instrument is dismissed.