The People of the State of New York Respondent, v. Marcus Chavis, Defendant-Appellant. (2025)

Per Curiam.

Judgment of conviction (Marsha D. Michael, J.), rendered August 16, 2018, affirmed.

The verdict convicting the defendant of disorderly conduct (see Penal Law § 240.20 [2]) was supported by legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 NY3d 342 [2007]). There is no basis for disturbing the court's credibility determinations. The trial court, as factfinder, was warranted in concluding that defendant's conduct - including screaming with two other individuals in a stairwell of a New York City Housing Authority (NYCHA) residential building at 8:30 p.m., and then screaming and shouting obscenities when approached by police officers, while repeatedly refusing to provide them with identification, 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]).

Nor was the accusatory instrument jurisdictionally defective. Defendant's intent to cause "public inconvenience, annoyance or alarm," or recklessly create a risk thereof (People v Weaver, 16 NY3d at 128) could be readily inferred from allegations that when police approached "the screaming defendant" in a staircase of a NYCHA building at 8:30 p.m., and asked for identification, defendant stated, in substance, " 'f*** you, I'm not giving you my ID;" that when told he was acting in a disorderly manner and that his identification was necessary, defendant stated " 'f*** you, I'm still not giving you my ID;" and then, as he was placed under arrest, defendant "pushed" an officer "backward into a door" (see People v McDuffie, 78 Misc 3d 131[A], 2023 NY Slip Op 50320[U] [App Term, 1st Dept 2023], lv denied 40 NY3d 930 [2023]; People v Lee, 55 Misc 3d 138[A], 2017 NY Slip Op 50521[U] [App Term, 1st Dept 2017], lv denied 29 NY3d 1092 [2017]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur

Decision Date: May 12, 2025