About the author, Robert Briere.

Robert Briere is a New York City-based criminal defense attorney who practices law in New York City.  He is an Honors Graduate from the University of Florida College of Law in Gainesville Florida and has extensive experience in  New York and Florida Criminal Courts. He has also practiced  civil cargo damage litigation primarily in the Southern Circuit of New York defending Railroads and Trucking Companies from cargo loss and damage claims.
He has practiced criminal law since 1991 and focuses on helping hardworking, law abiding individuals minimize–or avoid altogether –any damage to one’s career, reputation or record that can result from a wrongful arrest, an honest mistake, a moment of indiscretion, an overzealous police officer, or just being in the wrong place at the wrong time.
He can be reached for a free consultation at:
110 Wall Street Floor 11
New York, NY 10005
 (phone) 212-786-2999
http://www.newyorkcitydefense.com/      

What is disorderly conduct in New York?

In 2009 approximately 88,000 summons for disorderly conduct were issued for violating New York Penal Law 240.20.  The charge requires that a person, with intent to cause
public inconvenience, annoyance or alarm, or recklessly creating a risk
thereof:  engages in one or more of the following  activities:
1. engages in fighting or in violent, tumultuous or threatening
behavior;
2.makes unreasonable noise;
3. uses abusive or obscene language, or makes an
obscene gesture in a public place;
4. disturbs any lawful assembly or
meeting of persons without lawful authority
5. obstructs vehicular or pedestrian traffic;  6. congregates with other persons in a public place and refuses to
comply with a lawful order of the police to disperse;
7. creates a hazardous or physically offensive condition by any act
which serves no legitimate purpose.Through the years numerous cases have helped to shape the parameters of behavior that can constitute a violation of 240.20.
FIGHTINGIn some  instances, physically fighting with someone in public–although shamefully embarassing to most– is not necessarily disorderly conduct. For example, In People v. Pritchard, 27 N.Y.2d 246, 247 (N.Y. 1970)a tenager got into a scuffle with another teenager at a teenage dance club.  The officer said he saw the two boys rolling around on the floor of the club striking at each other with their arms and legs flying.  The court held that the fight was not caused with the intent to cause public alarm, but instead was just defendant’s reaction to being provoked.
However,  just because fighting in public might be insufficient for a conviction for disorderly conduct, it might easily supply enough probable cause for an arrest or a summons.  For example, In People v. Brunner, 248 A.D.2d 241, 242 (N.Y. App. Div. 1st Dep’t 1998)  the Court held that defendant’s fighting with another person in the middle of a street while a crowd watched  was sufficient probable cause for an arrest for disorderly conduct.  The Court noted that probable cause to arrest did not require proof beyond a reasonable doubt of the elements of disorderly conduct.
In fact, just being agitated and obnoxious can get one arrested.  In Norasteh v. State of New York, 2007 NY Slip Op 8114, 1 (N.Y. App. Div. 1st Dep’t 2007) probable cause to arrest for disorderly conduct was held sufficient based on allegations of claimant’s highly agitated state while on line to see a court clerk, agitating others on line. It was also alleged that claimant made physical contact with a woman who tried to reenter the line after sitting down to fill out paperwork.  This “agitated” state was allegedly witnessed by a court officer responding to the disturbance, and finally, it was alleged that claimant
refused the orders of security personnel causing more agitation.

USING OBSCENE LANGUAGE: Spouting obscenities at an officer–although never a smart move– might not be sufficient for a conviction, but again it depends on the circumstances.  In People v Jackson, 2010 NY Slip Op 50320U, 1-2 (N.Y. City Crim. Ct. 2010) it was alleged that an NYPD officer observed an individual standing in the middle of a one-way street at aout 3:30 in the afternoon presumably shouting the following at an officer  “ WHAT THE F*** ARE YOU GUYS DOING. YOU CAN’T DO NOTHING TO ME. I’M JUST HANGING OUT” 

The Court held that this behavior did not amount to disorderly conduct because even though the officer alleged that the defendant’s utterances “caused people to express alarm,” no specifics are included to support that conclusion. The moral is that shouting obscenities on a public street might be enough to support a charge of disorderly conduct if it can be alleged that someone other than the police officer was offended or alarmed by the behavior. 
But compare that to People v. Zherka, 2009 NY Slip Op 52018U, 2 (N.Y. City Ct. 2009) where an individual who was locked out of an auction at a city hall started yelling profanities at an officer stating, “I pay your f***ing salary”, “You shouldn’t be a cop”, and “You don’t deserve to be a f**ing cop.” According to the officer, a group of people walked up while the defendant was yelling then stopped and watched. the Court held that this behavior amounted to disorderly conduct in light of specific testimony from witnesses that it caused a commotion.  People v. Zherka, 2009 NY Slip Op 52018U, 2 (N.Y. City Ct. 2009)  thereafter refused to cooperate with security personnel.
But in People v Castro, 2010 NY Slip Op 51859U, 9 (N.Y. Sup. Ct. Oct. 28, 2010) the Court found that even though the Officer testified credibly when he said that Defendant –mad over a parking ticket–was standing approximately two feet from the officer yelling “If you didn’t have that gun or badge, I would f***  you up,” such words and actions, without more, were insufficient to form the basis for an arrest.

But it is important to remember that regardless of the legal technicalities, Police are human beings with human emotions who also happen to carrry guns, nightsticks, badges and handcuffs.  Enough said.

BLOCKING PEDESTRIAN OR VEHICULAR TRAFFIC:  mere inconvenience to pedestrians might not be enough.  in People v. Jones, 2007 NY Slip Op 9070, 2 (N.Y. 2007) the Court of appeals held that a complaint alleging that an officer:
  ”observed defendant along with a number of other individuals standing around a public sidewalk, resulting in numerous persons in the area having to walk around defendants was insufficient. The Court said that “something more than a mere inconvenience of pedestrians is required to support the charge . Otherwise, any person who happens to stop on a sidewalk–whether to greet another, to seek directions or simply to regain one’s bearings–would be subject to prosecution under this statute

Whatever the subsection, keep in mind that a charge of Disorderly Conduct is a violation under the New York Penal Law, punishable by up to 15 days in jail.  While it is not a crime, a plea to a disorderly conduct will result in an open record at the Courthouse which may be visible and available to background checkers.  Many persons charged with misdemeanors are offered a plea to the reduced charge of Disorderly Conduct at some point in the court process.  This results in a partial sealing of the record pursuant to CPL 160.55.  But again, even a partial sealing will keep the Court file available to prying eyes at the Courthouse, including background check companies.  Check with your lawyer about this.

Basic info about a New York Criminal Court Summons

A New York City SUMMONS is  document usually issued by a member of the NYPD right at the scene of an alleged violation of a New York State or New York City law.  A summons orders a person to appear in a particular New York City Criminal Court on a certain Date and Time to answer the allegation:   “Lucky” persons who get charged with violating one of the thousands of laws on the books in New York City, including some violations and misdemeanors under the New York State Penal Law will just get issued a “summons” to appear in New York City Criminal Court at a later date and released without being formally arrested and taken to the Precinct. In most instances, it is within the discretion of the officer to make an arrest instead of just issuing a summons.
        Usually a summons is issued for violations of minor offenses including traffic infractions, violations of the New York City Code and New York Penal Law and some misdemeanors under the New York City Code and the New York Penal Law.   As already stated, the decision to arrest and take someone to the Precinct– even with a minor violation– is left to the discretion of the NYPD.  In fact, the NYPD has the power to make a formal arrest even on a traffic violation.  Not having proper Identification can be a factor in that decision.  So, without trying to sound as though New York City has become a “police-state” were everyone must carry proper identification, it is advisable to do so.  Proper identification will increase the likelihood that just a summons will be issued when the violation is a minor one.
     A summonsto appear issued in Manhattan will usually have a notice to appear at a later date at either 346 Broadway or 314 West 54th Street.  Usually, the date to appear will be at least 6 weeks from the date that the summons was issued.   The summons is, by far, the most favorable way for the “defendant” to begin the criminal court process, since it is prepared by the police officer immediately and at the scene of the incident, removing any need for an arrest and a trip to the precinct.     A summons issued by the NYPD is often called a “pink ticket” since the copy given the individual is the pink carbon copy of the original. This pink copy should spell out the title of the offense and give the particular numerical provision, or section, of whatever Code is alleged to be violated.  It should also identify the individual charged with the offense and provide the date and address of the future Court appearance. 
Unfortunately, when the offense comes under the Penal Law, a summons is usually only given for a “violation,” which is not a crime under New York Law.  Under the Penal Law, violations include offenses such as Disorderly Conduct 240.20, Harassment in the second degree 240.26, Trespass in the 3rd Degree 140.05, unlawful possession of marijuana 221.05.  Under Penal Law 10.00(3) A violation means any offense other than a traffic violation for which a term of imprisonment of more than fifteen days cannot be imposed.  Violations are not crimes since Penal Law 10.00(6) defines crime as any felony or misdemeanor.
On the bright side, while many offenses under the various New York City local laws are  misdemeanors, oftentimes the NYPD will just issue  a summons instead of making an arrest for these offenses.  For example, misdemeanors such as unlicensed vending under 20-453 of the NYC Admin Code,  Public urination under 153.09 of the health code, and everything under the Park Regulations will often result in just a summons being issued instead of a desk appearance ticket or a trip to central booking, as long as the person has proper I.D. and no outstanding warrants.  But under most circumstances, it is still within NYPD’s discretion to make an arrest instead of issuing a summons, so politeness is always a smart policy.
One thing to note about a Summons is that the pink copy given to the individual does not contain the second page which provides a description of the behavior which prompted the issuance of the summons.

Some facts about a New York City Criminal Court Summons

We are in 2011, but lets revisit 2009 which was a big year for Criminal Court Summons in New York City, where approximately 600,000 summons were served in the big apple.  2011 is likely not much different.  Summons can be issued for numerous violations and even some misdemeanors in New York City and the top two summons in New York City were Public Consumption of Alcohol under New York City Administrative Code 10-125(b) and Disorderly Conduct under Section 240.20 of the Penal Law.  But the list of offenses for which one can receive a summons is too long to list although other commonly issued summons include Vehicle safety violations under VTL 140.02,  Riding a bicycle on the sidewalk under NYC AC 19-176, Failure to comply with a sign in the park under Park Rules and regulations 1-03(c)(2), Public Urination under the Section 153.09 of the Health Code or 16-118(6) of the Adminsitrative code, possession of marijuana under 221.05 of the Penal Law, reckless driving under Section 1212 of the VTL, unlicensed driving under 509 of the VTL, the list just goes on an on.
Summons issued in Manhattan are handled either at the Midtown Community Court at 314 West 54th Street, or Downtown at 346 Broadway.  The Address where to go, along with the date and time is written onto the summons by the Officer that issued it.  Usually, the tickets are reviewed prior to the scheduled return date by Court personnel  to ensure that the officer filled them out correctly and that they are legally sufficient.
If they are not insufficent, a letter is supposed to be sent to the address of the person who received the summons.    Most summons survive the review process and are eventually entered into the clerks computer and calendared for the date listed on the summons.