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PEOPLE v. TIFFANY

183 Misc.2d 330 (1999)

705 N.Y.S.2d 487

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CLAYTON TIFFANY, Appellant.

Supreme Court, Appellate Term, Second Department.

December 8, 1999.

Attorney(s) appearing for the Case

Kieran James Sullivan, White Plains, for appellant.

Jeanine Ferris Pirro, District Attorney of Westchester County, White Plains (Darcy P. Rydlun and Bruce Edward Kelly of counsel), for respondent.

INGRASSIA, J. P., PALELLA and LEVITT, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Judgment of conviction unanimously reversed on the law and accusatory instrument dismissed.

The factual allegations set forth in the accusatory instrument fail to establish, if believed, that the defendant acted with the requisite intent to cause public inconvenience, annoyance or alarm or that he recklessly created a risk thereof (Penal Law § 240.20). The defendant...

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