Opinion
570823/14
01-17-2020
The PEOPLE of the State of New York, Respondent, v. Ramon FRANK, Defendant-Appellant.
Per Curiam.
Judgment of conviction (John Cataldo, J.H.O.), rendered September 24, 2014, reversed, on the law, the facts, and as a matter of discretion in the interest of justice, and the accusatory instrument is dismissed.
The verdict convicting the defendant of disorderly conduct pursuant to Penal Law § 240.20(5) was not based on legally sufficient evidence and was, in any event, against the weight of the evidence (see People v. Danielson , 9 NY3d 342 [2007] ). Absent from the record is the essential quantum of proof that defendant intended to cause or recklessly created the risk of "a potential or immediate public problem" ( People v. Munafo , 50 NY2d 326, 331 [1980] ), when his vehicle blocked two vehicles in the northbound lane of traffic on a two-way street for approximately "30 seconds" (see People v. Johnson , 22 NY3d 1162, 1164 [2014] ; People v. Ortiz , 63 Misc 3d 32 [App Term, 1st Dept 2019] ).
We note the absence of a respondent's brief.
In view of our determination, we reach no other issue.