PEOPLE v. HANNEMAN


19 Misc.3d 73 (2008)

860 N.Y.S.2d 788

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BARBARA HANNEMAN, Appellant.

Supreme Court, Appellate Term, First Department.

May 7, 2008.


Attorney(s) appearing for the Case

Legal Aid Society, New York City (Steven Banks and Frances Gallagher of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Dana Poole of counsel), for respondent.

McKEON, P.J., DAVIS and SCHOENFELD, JJ., concur.


OPINION OF THE COURT

Per Curiam.

Judgment of conviction, rendered March 10, 2006, reversed, on the law, accusatory instrument dismissed, and fine and surcharge remitted.

The information charging defendant with disorderly conduct (see Penal Law § 240.20 [3]) was jurisdictionally defective, since it failed to allege "the essential element of either intent or recklessness" (People v Tarka...

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