People v. Balnis

CourtNew York County Court
Writing for the CourtFREDERICK W. LOOMIS
Citation183 N.Y.S.2d 744,14 Misc.2d 928
PartiesPEOPLE of the State of New York, Respondent, v. Wayne BALNIS, Theodore Christman, Arthur Gallucci, DeForest Swift, Donald Tisenchek, and Robert Warner, Defendants-Appellants.
Decision Date16 December 1958

Page 744

183 N.Y.S.2d 744
14 Misc.2d 928
PEOPLE of the State of New York, Respondent,
v.
Wayne BALNIS, Theodore Christman, Arthur Gallucci, DeForest
Swift, Donald Tisenchek, and Robert Warner,
Defendants-Appellants.
Otsego County Court.
Dec. 16, 1958.

Page 745

Leamy, VanWoert & Dunn, Oneonta, John K. Dunn, Oneonta, of counsel, for appellants.

Richard J. Bookhout, Dist. Atty., Oneonta, for respondent.

Page 746

FREDERICK W. LOOMIS, Judge.

These are appeals taken by six defendants upon their separate convictions upon pleas of guilty to informations charging them with the offense of disorderly conduct in violation of subdivision 2 of Section 722 of the Penal Law of the State of New York. The information in each case is the same and charges the defendant with 'wrongfully, unlawfully, wilfully and knowingly aiding, abetting and acting in consort with six others, did with intent to provoke a breach of the peace or whereby a breach of the peace may have been occasioned, acted in a manner to annoy, disturb and be offensive to others in a public place, to wit: The parking lot of the Evening Inn and did spill beer about my car on the hood, trunk, roof and front seat and did expectorate on same. That it was [14 Misc.2d 929] necessary to drive the car while seat was wet with beer which caused same to saturate my clothing.'

There are two elements necessary to sustain the charge here under consideration: (1) the acts must have been committed with intent to provoke a breach of the peace, or whereby a breach of the peace might be occasioned; (2) the acts must have been such as to annoy, disturb, interfere with, obstruct, or be offensive to others.

It appears to this court that the informations must be held to be insufficient on both counts.

The only allegations set forth in the informations concerning an alleged breach of the peace are that the alleged acts occurred in a public place, to wit, the parking lot of the Evening Inn. To constitute the offense of disorderly conduct there must be more than the occurrence of the forbidden acts in a public place. In addition to the occurrence in a public place, it must appear that there is a disturbance of the public order, or a causing of consternation or alarm among a substantial segment of the community, or that such a disturbance of the public peace is imminent. The cases of People v. Perry, 265 N.Y. 362, 193 N.E. 175, and People v. Feliciano, 10 Misc.2d 836, 173 N.Y.S.2d 123, are both instances where the...

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5 practice notes
  • People v. Doyle
    • United States
    • New York County Court
    • January 12, 1960
    ...and it is not sufficient to alleged mere conclusions.' People v. Grogan, 260 N.Y. 138, 183 N.E. 273, 86 A.L.R. 1266; People v. Balnis, 14 Misc.2d 928, 183 N.Y.S.2d 744, In connection with this information, the defendant also alleges that the wording of the same applies to a violation of Sub......
  • People v. Hill
    • United States
    • New York County Court
    • July 31, 1969
    ...was imminent (People v. Chesnick, 302 N.Y. 58, 96 N.E.2d 87; People v. Szepansky, 25 Misc.2d 239, 203 N.Y.S.2d 306; People v. Balnis, 14 Misc.2d 928, 183 N.Y.S.2d 744). Perhaps more important, it must be established beyond a reasonable doubt that the accused Intended to breach the The statu......
  • People v. Jarmain
    • United States
    • New York City Court
    • April 4, 1978
    ...725 (1962); People v. Kasloff, Co.Ct., 54 N.Y.S.2d 455 (1945); People v. Doyle, 21 Misc.2d 38, 195 N.Y.S.2d 770; People v. Balnis, 14 Misc.2d 928, 183 N.Y.S.2d 744...
  • People v. Bubbs
    • United States
    • New York County Court
    • March 25, 1966
    ...was imminent. (People v. Chesnick, 302 N.Y. 58, 96 N.E.2d 87; People v. Szepansky, 25 Misc.2d 239, 203 N.Y.S.2d 306; People v. Balnis, 14 Misc.2d 928, 183 N.Y.S.2d Nothing herein contained should be construed as an approval of the acts of this defendant. If the allegations are true, the def......
  • Request a trial to view additional results
5 cases
  • People v. Doyle
    • United States
    • New York County Court
    • January 12, 1960
    ...and it is not sufficient to alleged mere conclusions.' People v. Grogan, 260 N.Y. 138, 183 N.E. 273, 86 A.L.R. 1266; People v. Balnis, 14 Misc.2d 928, 183 N.Y.S.2d 744, In connection with this information, the defendant also alleges that the wording of the same applies to a violation of Sub......
  • People v. Hill
    • United States
    • New York County Court
    • July 31, 1969
    ...was imminent (People v. Chesnick, 302 N.Y. 58, 96 N.E.2d 87; People v. Szepansky, 25 Misc.2d 239, 203 N.Y.S.2d 306; People v. Balnis, 14 Misc.2d 928, 183 N.Y.S.2d 744). Perhaps more important, it must be established beyond a reasonable doubt that the accused Intended to breach the The statu......
  • People v. Jarmain
    • United States
    • New York City Court
    • April 4, 1978
    ...725 (1962); People v. Kasloff, Co.Ct., 54 N.Y.S.2d 455 (1945); People v. Doyle, 21 Misc.2d 38, 195 N.Y.S.2d 770; People v. Balnis, 14 Misc.2d 928, 183 N.Y.S.2d 744...
  • People v. Bubbs
    • United States
    • New York County Court
    • March 25, 1966
    ...was imminent. (People v. Chesnick, 302 N.Y. 58, 96 N.E.2d 87; People v. Szepansky, 25 Misc.2d 239, 203 N.Y.S.2d 306; People v. Balnis, 14 Misc.2d 928, 183 N.Y.S.2d Nothing herein contained should be construed as an approval of the acts of this defendant. If the allegations are true, the def......
  • Request a trial to view additional results

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