The People of the State of New York v. John Carcel and Lydia Collazo

Summary

The New York Court of Appeals reversed the defendants' disorderly conduct convictions and dismissed the complaint, holding that the evidence was insufficient to support a violation of either subdivision 2 or subdivision 3 of Penal Law §722. The majority emphasized that the conduct did not constitute a breach of the peace and that the defendants were not "congregating" as required by subdivision 3. Justice Froessel dissented, arguing that the evidence did support the convictions.