People v. Madnick

Defendant appeals from a judgment of conviction of the Court of Special Sessions, Town of Thompson, wherein he pled guilty to the charge of disorderly conduct in violation of subdivision 5 of section 722 of the Penal Law of the State of New York.

The pertinent part of said section states as follows:

‘‘ Any person who with intent to provoke a breach of the peace, or whereby a breach of the peace may be occasioned, commits any of the following acts shall be deemed to have committed the offense of disorderly conduct: * * *

‘ ‘ 5. Shouts or makes a noise either outside or inside a building during…