PEOPLE v. FRANK (2020)

Supreme Court, Appellate Term, New York,

The PEOPLE of the State of New York, Respondent, v. Ramon FRANK, Defendant-Appellant.

570823 /14

Decided: January 17, 2020

PRESENT: Shulman, P.J., Cooper, J.

Judgment of conviction (John Cataldo, J.H.O.), rendered September 24, 2014, reversed, on the law, the facts, and as a matter of discretion in the interest of justice, and the accusatory instrument is dismissed.

The verdict convicting the defendant of disorderly conduct pursuant to Penal Law § 240.20(5) was not based on legally sufficient evidence and was, in any event, against the weight of the evidence (see People v. Danielson, 9 NY3d 342 [2007]). Absent from the record is the essential quantum of proof that defendant intended to cause or recklessly created the risk of “a potential or immediate public problem” (People v. Munafo, 50 NY2d 326, 331 [1980]), when his vehicle blocked two vehicles in the northbound lane of traffic on a two-way street for approximately “30 seconds” (see People v. Johnson, 22 NY3d 1162, 1164 [2014]; People v. Ortiz, 63 Misc 3d 32 [App Term, 1st Dept 2019]).

We note the absence of a respondent's brief.

In view of our determination, we reach no other issue.

Per Curiam.

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