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THE PEOPLE OF THE STATE OF NEW YORK, Respondent
v.
JOHN BARTKOW, Appellant.
Argued By: Christopher M. Cevasco (counsel for the appellant); Daniel T. Butler (counsel for the respondent)
Conviction Reversed in part & Affirmed in part: Marquette L. Floyd, J.P; Louis C. Palella & Alan D. Oshrin, JJ.
DECISION OF THE COURT
<SM-1>
Appeal by defendant from judgments of the District Court of Nassau County (D. Sher, J.), rendered on October 26, 1998, convicting him, upon a jury verdict, of menacing in the second degree (Penal Law § 120.14 [1]), and upon his guilty plea, of disorderly conduct (Penal Law § 240.20 [7]), and imposing sentences.
Judgment of conviction for menacing in the second degree unanimously affirmed.
Judgment of conviction for disorderly conduct reversed upon the law and accusatory instrument dismissed.
Defendant's guilt of menacing in the second degree was proven beyond a reasonable doubt. The other contentions raised herein with regard to the propriety of said conviction are similarly without merit. <SM-2>
The accusatory instrument charging defendant with bail jumping in the third degree, which was pending prior to his guilty
plea to disorderly conduct, was jurisdictionally defective. The complaint failed to state whether his factual allegations were
based on personal knowledge or information and belief (see, CPL 100.15[3]; 100.40[1]).__