Pedestrian’s Conviction for Standing on N.Y. Sidewalk Tossed
New York’s highest court has overturned the disorderly conduct conviction of a man arrested for standing on a Times Square street corner in the early morning hours.
The arresting officer had contended that Matthew Jones was blocking other pedestrians as he talked with friends and refused an order to move along, the New York Times reports. When the officer tried to stop Jones, he began to run, according to the charging document.
The New York Court of Appeals ruled yesterday (PDF) that the allegations in the document were insufficient to establish a prima facie case of disorderly conduct, which required proof of “intent to cause public inconvenience, annoyance or alarm.”
“Something more than a mere inconvenience of pedestrians is required to support the charge,” the court said. “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.”
