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PEOPLE v. APONTE

13-094

45 Misc.3d 29 (2014)

994 N.Y.S.2d 496

2014 NY Slip Op 24233

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HERBERT APONTE, Appellant.

Supreme Court, Appellate Term, First Department.

Decided August 22, 2014.

Attorney(s) appearing for the Case

The Legal Aid Society, New York City ( Lawrence T. Hausman and Scott A. Rosenberg of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Emily L. Auletta of counsel), for respondent.

SCHOENFELD, J.P. HUNTER, JR. and LING-COHAN, JJ., concur.

OPINION OF THE COURT

Per Curiam.

Judgment of conviction, rendered February 3, 2012, affirmed.

Observed by police urinating "in plain view" opposite a location identified as 2396 First Avenue in Manhattan, defendant was charged with "public urination," in violation of the anti-littering provisions of New York City Health Code (24 RCNY) § 153.09, which, as here relevant, makes it unlawful to "throw or put any ... noxious liquid ... [or] allow...

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