AD1 order dated October 9, 2012, affirming judgment of conviction. Decision below: 99 AD3d 472, 952 NYS2d 38. Graffeo, J., granted leave February 4, 2013.

ISSUE PRESENTED:

Whether there was probable cause to arrest the defendant for disorderly conduct (PL §240.20[6]) for failure to obey a police directive to move from a storefront, "given the information the officer had about ... gang problems" in the area and gang affiliations of several of the men he was with. (Assigned counsel: Steven Banks, Legal Aid Society, Criminal Appeal Bureau, 199 Water Street, NYC 10038.)

probable cause for disorderly conduct arrest