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People v Terry (William)
2012 NY Slip Op 50110(U) [34 Misc 3d 144(A)]
Decided on January 25, 2012
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on January 25, 2012
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: Lowe, III, P.J., Schoenfeld, Hunter, Jr., JJ
10-416.

The People of the State of New York, Respondent, - -

against

William Terry, 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 May 20, 2010, after a nonjury trial, convicting him of disorderly conduct, and imposing sentence.


Per Curiam.

Judgment of conviction (James M. Burke, J.), rendered May 20, 2010, affirmed.

The verdict convicting defendant of disorderly conduct (Penal Law § 240.20[2]) was based on legally sufficient evidence and was not against the weight of the evidence. The trial court, as factfinder, was warranted in concluding that defendant's conduct — including yelling and cursing "very loud[ly]" at the arresting officer — in a crowded subway station 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.
Decision Date: January 25, 2012