People v. Pickett

The disputed facts are as substantially stated in the majority opinion. The police officer also testified that defendant was stretched out the full length of his body, and occupied about 5 seats. The determination of the trial court was not contrary to the evidence, nor was it against the weight of the evidence.

To constitute disorderly conduct there need be no actual breach of the peace, nor need there be proof of an intent on the part of the defendant to cause a breach of peace. A conviction under section 722 of the Penal Law is justified if the prohibited acts are committed either with an…