PEOPLE v. DANIEL (2020)

Judgment of conviction (Lyle E. Frank, J.), rendered June 20, 2016, reversed, on the law, and the accusatory instrument dismissed.

Reversal of the judgment convicting defendant of disorderly conduct (see Penal Law § 240.20[6]) is mandated since, as the People concede, the allegations in the accusatory instrument were jurisdictionally insufficient to meet the “congregates with other persons in a public place” element of the offense. The People also agree that dismissal, rather than remand for further proceedings on the remaining charges, is the appropriate remedy in this case.

In view of the foregoing, we reach no other issue.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

I concur I concur I concur