People v. Marshall (Kavon)

Appellate Terms of the Supreme Court of New York

People v. Marshall (Kavon)

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 12, 2017

Docket2017 NYSlipOp 50634(U)

StatusPublished

This text of People v. Marshall (Kavon) (People v. Marshall (Kavon)) 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. Marshall (Kavon), (N.Y. Ct. App. 2017).

Pincite

Opinion

The People of the State of New York, Respondent,

against

Kavon Marshall, Defendant-Appellant.

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (John Cataldo, J.H.O.), rendered March 21, 2016, convicting him, upon a purported plea of guilty, of violating Public Health Law § 229, and imposing sentence.

Per Curiam.

Judgment of conviction (John Cataldo, J.H.O.), rendered March 21, 2016, reversed, on the law, accusatory instrument dismissed, and fine, if paid, remitted.

As the People concede, the accusatory instrument must be dismissed as jurisdictionally defective, since the allegations were insufficient to meet the "public place" element of disorderly conduct (Penal Law §§ 240.20[3]; 240.00[1]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concurI concurI concur
Decision Date: May 12, 2017

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