People v. Todaro, 26 N.Y.2d 325 (1970)
A conviction for disorderly conduct for refusing to obey a police officer’s direction to move on requires that the officer’s direction be reasonably related to maintaining public order, while a harassment conviction based on a threat requires evidence beyond mere bravado to prove intent to harass, annoy, or alarm through physical contact.
Summary
Russell Todaro was convicted of disorderly conduct and harassment. The charges stemmed from an incident where Todaro and his companions allegedly refused to move on when instructed by a police officer on a busy New York City street corner. The New York Court of Appeals affirmed the disorderly conduct conviction, finding the officer’s directive was not arbitrary given his duty to maintain public order. However, the court reversed the harassment conviction because Todaro’s statement, “I’ll get you for this,” made after his arrest, was insufficient to prove an intent to harass, annoy, or alarm the officer through physical contact.
Facts
A police officer observed Russell Todaro and three companions for about an hour at the corner of Seventh Avenue and 42nd Street in New York City. The officer asked them to move on several times. After repeated requests, Todaro refused, using abusive language. The officer then arrested Todaro for disorderly conduct. While in the patrol car, Todaro allegedly said, “I’ll get you for this,” leading to an additional charge of harassment.
Procedural History
Todaro was convicted in the trial court of disorderly conduct and harassment. He appealed to the Appellate Term, arguing insufficient evidence. The Appellate Term affirmed the conviction, despite the People’s concession of insufficient evidence. One Justice dissented. Todaro then appealed to the New York Court of Appeals.
Issue(s)
1. Whether the evidence was sufficient to sustain a conviction for disorderly conduct under Penal Law § 240.20, subds. 3, 6?
2. Whether the evidence was sufficient to sustain a conviction for harassment under Penal Law § 240.25, subd. 1, based on the statement “I’ll get you for this”?
Holding
1. Yes, because the officer’s direction to move on was not arbitrary, and the trial court could find that Todaro consciously disregarded the risk that his actions and language would cause public inconvenience, annoyance, or alarm.
2. No, because the single, equivocal statement was insufficient to establish beyond a reasonable doubt that Todaro intended to harass, annoy, or alarm the officer through physical contact.
Court’s Reasoning
The Court of Appeals relied on People v. Galpern, which held that refusing to obey a police officer’s direction is justified only if the direction was “purely arbitrary and was not calculated in any way to promote the public order.” The court reasoned that the circumstances in Todaro’s case did not indicate arbitrariness, as the officer was maintaining order on a busy street corner. The court emphasized that the disorderly conduct statute addresses the risk of disorder, not just the accomplished fact of disorder. The court stated, “On this record, the trial court could well have found beyond a reasonable doubt that the appellant was aware of and consciously disregarded a substantial and unjustifiable risk that ‘public inconvenience, annoyance or alarm’ might result from his use of clearly ‘abusive and obscene language’ in response to the officer’s repeated requests to move on and his refusal to comply with such requests.”
Regarding the harassment charge, the court found the evidence insufficient. Penal Law § 240.25, subd. 1 requires proof that the defendant, with intent to harass, annoy, or alarm, attempted or threatened to “strike, shove, kick or otherwise subject him to physical contact.” The court stated, “Something more must be established than that a teenager, angered or annoyed at being arrested upon what he considered to be insufficient grounds, expressed his anger or annoyance in terms of apparent bravado, particularly in the absence of proof of any further words or acts tending to confirm the criminal nature of the act charged.”