Opinion
No. 3431.
October 21, 2010.
Judgment, Supreme Court, Bronx County (Margaret L. Clancy, J.), rendered March 5, 2007, convicting defendant, after a nonjury trial, of public lewdness, and sentencing him to a term of 1 year's probation, unanimously affirmed.
Steven Banks, The Legal Aid Society, New York (Ellen Dille of counsel), for appellant.
Robert T. Johnson, District Attorney, Bronx (Allen H. Saperstein of counsel), for respondent.
Before: Sweeny, J.P., Freedman, Richter, Manzanet-Daniels and Román, JJ.
The superceding information charging defendant with public lewdness pursuant to Penal Law § 245.00 was facially sufficient. The "public place" requirement was satisfied by allegations that adequately described the premises (an entry vestibule), defendant's conduct and the surrounding circumstances, so as to warrant the inference that defendant committed a lewd act in a place where he would likely be observed by casual passersby ( see People v McNamara, 78 NY2d 626).