The People v. Marc Mitchell

State of New York OPINION Court of Appeals This opinion is uncorrected and subject to revision before publication in the New York Reports. No. 44 The People &c., Respondent, v. Marc Mitchell, Appellant. Ying-Ying Ma, for appellant. Philip V. Tisne, for respondent. GARCIA, J.: Defendant waived prosecution by information, pleaded guilty to fraudulent accosting (Penal Law § 165.30 [1]), and was sentenced to time served. He argues on appeal that the term “accost” should be narrowly construed to require “a physical approach and an -1- -2- No. 44 element of aggressiveness or persistence” that is…