Judge John Wilson
Coley, charged with, among other things, disorderly conduct, moved to dismiss all charges arguing the prosecutions’ complaint was facially insufficient. The complaint alleged a police officer observed Coley standing in the middle of a public sidewalk impeding the flow of pedestrian traffic. The officer claimed Coley refused to move despite her multiple requests to do so. Coley argued prosecutors failed to make out a prima facie case for disorderly conduct as the complaint merely alleged he was impeding the flow of traffic, in a conclusory manner. He contended the complaint failed to contain facts of what pedestrians were forced to do as a result of his "otherwise innocuous behavior." The court agreed finding the factual allegations in the misdemeanor complaint were insufficient. It noted allegations under Criminal Procedure Law §240.20(5), regarding obstructing vehicular or pedestrian traffic, required something more than a mere inconvenience of pedestrians to support the charge. The court ruled temporary inconvenience of pedestrians being required to walk around Coley, without more, was insufficient to sustain a disorderly conduct charge. It permitted prosecutors to cure the error and supersede the complaint.
