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THE PEOPLE, res, v. BRANDON WATSON, def-app

12-253. THE PEOPLE, res, v. BRANDON WATSON, def-app — Judgment of conviction (Marc J. Whiten, J. on motion to dismiss; Lynn R. Kotler, J. at plea and sentencing), rendered January 30, 2012, affirmed.

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12-253. THE PEOPLE, res, v. BRANDON WATSON, def-app — Judgment of conviction (Marc J. Whiten, J. on motion to dismiss; Lynn R. Kotler, J. at plea and sentencing), rendered January 30, 2012, affirmed.

In view of the defendant’s knowing waiver of his right to prosecution by information, the facial sufficiency of the accusatory instrument must be assessed under the standard required of a misdemeanor complaint (see People v. Dumay, 23 NY3d 518 [2014]). So viewed, the accusatory instrument was jurisdictionally valid because it described facts of an evidentiary nature establishing reasonable cause to believe that defendant was guilty of disorderly conduct (see Penal Law §240.20[1]), the crime to which defendant ultimately pleaded guilty. In this regard, the factual portion of the accusatory instrument alleged, inter alia, that defendant was observed in Times Square late one night over the July 4th weekend shouting “suck my d**k, f**k that [racial epithet], f**k you suck my d**k,” and “I’ll f**king shoot all you mother f**kers,” conduct that “caused people to leave/avoid the area and people to express alarm.” Based upon these allegations, the factfinder could infer that defendant engaged in disruptive conduct that was intended to or recklessly created a substantial risk of a potential or immediate public problem (see People v. Weaver, 16 NY3d 123, 128 [2011]; People v. Munafo, 50 NY2d 326, 331 [1980]).

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