2009-940 Q CR. THE PEOPLE, res. v. LUDLOW ROBINSON, ap — Appeal from a judgment of the Criminal Court of the City of New York, Queens County (Cesar Quinones, J.H.O.), rendered March 12, 2009. The judgment convicted defendant, after a nonjury trial, of violating New York City Administrative Code §15-216(a).

ORDERED that the judgment of conviction is reversed, on the law, and the accusatory instrument is dismissed.

In December 2008, defendant was charged with disorderly conduct (Penal Law §240.20 [7]). The accusatory instrument alleged, among other things, that the complainant police officer had responded to a verbal dispute between defendant and a bus driver, during which defendant had refused to move from his standing position behind the driver "thereby creating a hazardous condition by blocking the driver's view." Following a nonjury trial, at which defendant represented himself, the judicial hearing officer stated "Forget it. Enough. I'll reduce it to a violation of the administrative code. $50." It is not disputed that defendant was ultimately convicted of violating New York City Administrative Code §15-216(a).

Administrative Code §15-216 (a) pertains to fines and penalties for the violation of fire prevention and control codes. Since the foregoing section of the administrative code is not a lesser included offense of disorderly conduct, a violation (see CPL 220.20; Penal Law §240.20), the judgment of conviction is reversed and the accusatory instrument is dismissed.

Pesce, P.J., Rios and Solomon, JJ., concur.