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THE PEOPLE, res v. KELLY PRICE, def-app

13-347. THE PEOPLE, res v. KELLY PRICE, def-app — Judgment of conviction (Robert M. Mandelbaum, J.), rendered October 18, 2012, reversed, on the law and the facts, and the accusatory instrument is dismissed.

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13-347. THE PEOPLE, res v. KELLY PRICE, def-app — Judgment of conviction (Robert M. Mandelbaum, J.), rendered October 18, 2012, reversed, on the law and the facts, and the accusatory instrument is dismissed.

The verdict convicting defendant of two counts of disorderly conduct (see Penal Law §§240.20[2], [3]), was not based on legally sufficient evidence and was, in any event, against the weight of the evidence. The trial evidence showed that defendant called police after she was asked to leave a midtown Manhattan bar on a Saturday evening; the responding officers observed defendant to be visibly upset and they tried to calm her down; upon interviewing people inside the bar, the officers informed defendant that there was no action that they could take on her behalf; defendant was angry, but walked away from the scene; and that as defendant was approximately 20 feet away from the officers, she turned her head and shouted an epithet at them. On these facts, defendant’s intent to cause public inconvenience, annoyance, or alarm, or recklessness in creating such a risk, was not established beyond a reasonable doubt (see Penal Law §240.20 People v. Baker, 20 NY3d 354 [2013]). Defendant’s conduct did not indicate an intent to breach the peace, or even constitute an act from which a breach of the peace was likely to occur (see People v. Johnson, 22 NY3d 1162 [2014]; People v. Baker, supra; People v. Pritchard, 27 NY2d 246 [1970]; People v. Smith, 19 NY2d 212 [1967]).

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