People v. Weaver, 16 N.Y.3d 123 (2011)

A person can be convicted of disorderly conduct if their actions, though not directly causing public disturbance, recklessly create a risk of such disturbance, considering the time, place, conduct, and potential impact on the public.

Summary

Tony Weaver was convicted of disorderly conduct for yelling obscenities at his wife and a police officer in a public area. The New York Court of Appeals affirmed the conviction, holding that Weaver’s actions recklessly created a risk of public inconvenience, annoyance, or alarm, even if no actual disturbance occurred. The Court emphasized that the potential for public disruption, rather than actual disruption, is sufficient for a disorderly conduct conviction, considering factors like the time and location of the incident and the presence of other people.

Facts

In the early morning hours, Sergeant House encountered Weaver yelling at his wife in a parking lot outside a hotel. Weaver then entered a mini-mart gas station. Upon exiting, he resumed yelling obscenities at his wife in a loud and aggressive manner. Sergeant House warned Weaver to calm down, but he responded with further obscenities directed at her. The incident occurred near a hotel and mini-mart that were open for business, with customers present.

Procedural History

Weaver was indicted for assault, resisting arrest, and two counts of disorderly conduct. A jury acquitted him of assault but convicted him of the other charges. The Appellate Division affirmed the conviction. The New York Court of Appeals granted leave to appeal.

Issue(s)

Whether the evidence was legally sufficient to sustain the disorderly conduct convictions, specifically whether Weaver’s behavior recklessly created a risk of public inconvenience, annoyance, or alarm.

Holding

Yes, because Weaver’s conduct, considering the time, place, and nature of his actions, recklessly created a risk of public inconvenience, annoyance, or alarm, satisfying the elements of disorderly conduct under Penal Law § 240.20 (1), (3).

Court’s Reasoning

The Court of Appeals relied on Penal Law § 240.20 (1) and (3), which define disorderly conduct as engaging in fighting or violent behavior, or using obscene language in a public place, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof. The Court emphasized that the disruptive behavior must be of a public, rather than individual, dimension, citing People v. Munafo, 50 N.Y.2d 326 (1980). The Court stated that a person may be guilty of disorderly conduct even if the action does not result in actual public disturbance, if the conduct recklessly creates a risk of such disruption. Factors considered included the time and place of the incident, the nature of the conduct, the number of people in the vicinity, and whether they were drawn to the disturbance.

The court noted, “[D]isorderly conduct is a statutory creation. Intended to include in the main various forms of misconduct which at common law would often be prosecuted as public nuisances…a common thread that ran through almost all of this legislation was a desire to deter breaches of the peace or, more specifically, of the community’s safety, health or morals.” (People v Tichenor, 89 NY2d 769, 773-774 [1997]).

Here, the Court found that the incident occurred in a public place during early morning hours, with people nearby. Weaver’s conduct escalated despite warnings from the police, and his loud, aggressive, and obscene behavior created a risk of public disturbance. The Court concluded that “there is a valid line of reasoning and permissible inferences from which a jury could have found that his conduct reached the point of ‘a potential or immediate public problem’.” (Munafo, 50 NY2d at 331).