People v. Greene

Appellate Terms of the Supreme Court of New York

People v. Greene

85 Misc. 2d 890, 381 N.Y.S.2d 175, 1976 N.Y. Misc. LEXIS 2079

CourtAppellate Terms of the Supreme Court of New York

DecidedJanuary 13, 1976

StatusPublished

Cited by2 cases

This text of 85 Misc. 2d 890 (People v. Greene) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Greene, 85 Misc. 2d 890, 381 N.Y.S.2d 175, 1976 N.Y. Misc. LEXIS 2079 (N.Y. Ct. App. 1976).

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Opinion

Per Curiam.

CPL 350.10 (subd 6) permits a Judge, conducting a nonjury trial of an information in a local criminal court, in rendering a verdict of guilty upon a count charging a misdemeanor, to find the defendant (1) guilty of the charged misdemeanor if established by legally sufficient trial evidence, or (2) guilty of any lesser included offense which is established by legally sufficient trial evidence.

Appellant was charged with the unclassified misdemeanor of failing to produce the required tax stamp for the livery vehicle which he drove when the summons therefor, returnable in criminal court not traffic court, was issued (Administra[891]*891tive Code of City of New York, § K46-9.0). After conducting a hearing as if the charge before him was a traffic infraction (Vehicle and Traffic Law, art 2-A), with neither prosecuting nor defense attorneys present, the court below found appellant guilty of disorderly conduct (Penal Law, § 240.20).

Disorderly conduct is not a lesser included offense of the unclassified misdemeanor of failing to display a vehicular tax stamp (CPL 1.20, subd 37). Moreover, as the District Attorney candidly concedes, the proof did not establish the offense of disorderly conduct.

Judgment of conviction, rendered August 20, 1975 reversed on the law and on the facts and information dismissed.

Concur: Markowitz, P. J., Tierney and Riccobono, JJ.

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Per Curiam.

CPL 350.10 (subd 6) permits a Judge, conducting a nonjury trial of an information in a local criminal court, in rendering a verdict of guilty upon a count charging a misdemeanor, to find the defendant (1) guilty of the charged misdemeanor if established by legally sufficient trial evidence, or (2) guilty of any lesser included offense which is established by legally sufficient trial evidence.

Appellant was charged with the unclassified misdemeanor of failing to produce the required tax stamp for the livery vehicle which he drove when the summons therefor, returnable in criminal court not traffic court, was issued (Administra[891]*891tive Code of City of New York, § K46-9.0). After conducting a hearing as if the charge before him was a traffic infraction (Vehicle and Traffic Law, art 2-A), with neither prosecuting nor defense attorneys present, the court below found appellant guilty of disorderly conduct (Penal Law, § 240.20).

Disorderly conduct is not a lesser included offense of the unclassified misdemeanor of failing to display a vehicular tax stamp (CPL 1.20, subd 37). Moreover, as the District Attorney candidly concedes, the proof did not establish the offense of disorderly conduct.

Judgment of conviction, rendered August 20, 1975 reversed on the law and on the facts and information dismissed.

Concur: Markowitz, P. J., Tierney and Riccobono, JJ.

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Bluebook (online)

85 Misc. 2d 890, 381 N.Y.S.2d 175, 1976 N.Y. Misc. LEXIS 2079, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-greene-nyappterm-1976.

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