People v. Jones

OPINION OF THE COURT

Ciparick, J.

This appeal tests the jurisdictional sufficiency of an information charging disorderly conduct. Because the factual allegations in the accusatory instrument failed to establish a prima facie case, the conviction should be vacated and the information dismissed.

Defendant was charged, by information, with disorderly conduct in Manhattan (Penal Law § 240.20 [5]). 1 The information, tracking the statutory language, states, in part, that on June 12, 2004, at approximately 2:01 a.m., on 42nd Street and Seventh Avenue “defendant, with intent to cause public incon…