People v. Baker, 20 N.Y.3d 269 (2012)

An information charging disorderly conduct must contain factual allegations establishing a prima facie case that the defendant intended to cause public inconvenience, annoyance, or alarm, or recklessly created a risk thereof.

Summary

The New York Court of Appeals reversed the Appellate Term’s order and dismissed the information against the defendant, holding that the factual allegations in the information were insufficient to establish a prima facie case of disorderly conduct. The information stated that the defendant, along with others, stood on a public sidewalk at 2:01 a.m., obstructing pedestrian traffic after being directed to move by a police officer. The court found that the information lacked allegations demonstrating that the defendant acted with the intent to cause public inconvenience, annoyance, or alarm, or recklessly created such a risk.

Facts

On June 12, 2004, at approximately 2:01 a.m., the defendant was observed by a police officer standing with a group of people on a public sidewalk at 42nd Street and Seventh Avenue in Manhattan. The group was not moving, causing pedestrians to walk around them. The officer directed the defendant to move, but the defendant refused and then ran away as the officer attempted to stop him.

Procedural History

The defendant was charged by information with disorderly conduct under Penal Law § 240.20(5) and resisting arrest under Penal Law § 205.30. The defendant moved to dismiss the information for facial insufficiency, which the court denied. The defendant pleaded guilty to disorderly conduct, and the resisting arrest charge was dismissed. The Appellate Term affirmed the conviction. A Judge of the Court of Appeals granted leave to appeal.

Issue(s)

1. Whether the factual allegations in the information were sufficient to establish a prima facie case of disorderly conduct under Penal Law § 240.20(5).
2. Whether the charge of resisting arrest can stand when the underlying charge of disorderly conduct is deemed facially insufficient.

Holding

1. No, because the information failed to allege facts demonstrating that the defendant acted with the intent to cause public inconvenience, annoyance, or alarm, or recklessly created such a risk.
2. No, because the resisting arrest charge requires a lawful, “authorized” arrest, and the information was insufficient to establish that the arrest for disorderly conduct was authorized.

Court’s Reasoning

The Court of Appeals held that the information was jurisdictionally defective because it failed to set forth a prima facie case of disorderly conduct. The court emphasized that an information must contain non-hearsay allegations that, if proven true, establish every element of the offense charged. The court reasoned that merely standing on a sidewalk at 2:01 a.m., even if it inconveniences pedestrians, is not enough to establish the intent to cause public inconvenience, annoyance, or alarm, or recklessly create a risk thereof. The court quoted People v. Carcel, 3 N.Y.2d 327, 331 (1957) stating that “something more than a mere inconvenience of pedestrians is required to support the charge.” The court further cited People v. Nixon, 248 N.Y. 182, 185 (1928), stating that while congregating on the street may display “atrociously bad manners” by “discommoding some other persons,” such conduct alone does not necessarily give rise to disorderly conduct. Regarding the resisting arrest charge, the court noted that Penal Law § 205.30 requires that the arrest be “an authorized arrest.” Because the information lacked sufficient facts to support the underlying disorderly conduct charge, it could not be deemed sufficient to allege that the arrest was “authorized.”