PEOPLE v. BROWN (2019)

Supreme Court, Appellate Term, New York,

The PEOPLE of the State of New York, Respondent, v. Harold BROWN, Defendant-Appellant.

16-489

Decided: December 13, 2019

PRESENT: Ling-Cohan, J.P., Cooper, J.

Judgment of conviction (John Cataldo, J.H.O.), rendered April 18, 2016, reversed, on the law and the facts, and the accusatory instrument is dismissed.

After a nonjury trial, the judicial hearing officer convicted defendant, who was charged solely with the unclassified misdemeanor of engine idling (see Administrative Code of City of NY § 24-163), with disorderly conduct. Since disorderly conduct is not a lesser included offense of the charged administrative code violation, the court had no authority to consider and render judgment against defendant on this uncharged offense (see CPL 350.10[6]; 1.20[37]; People v. Ramirez, 56 Misc 3d 127[A], 2017 NY Slip Op 50812[U][App Term, 1st Dept 2017]; People v. Greene, 85 Misc 2d 890 [App Term, 1st Dept 1976]). In any event, the proof did not establish the offense of disorderly conduct.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

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