AC43069 - State v. Yury G. ("The defendant, Yury G., appeals from the judgment of conviction, rendered following a jury trial, of disorderly conduct in violation of General Statutes § 53a-182 (a) (1). On appeal, the defendant claims: (1) the trial court incorrectly determined that the defendant's request to charge the jury on the 'lesser included offense' of creating a public disturbance, an infraction, failed to meet the test articulated in State v. Whistnant, 179 Conn. 576, 588, 427 A.2d 414 (1980); (2) the statutory scheme that gives the prosecutor complete discretion in choosing whether to charge the defendant with an infraction or with a misdemeanor that contains identical elements to the infraction violates her state and federal constitutional right to due process of law and to equal protection under the law; (3) the statutory scheme that gives the prosecutor complete discretion in choosing whether to charge the defendant with an infraction or with a misdemeanor that contains identical elements to the infraction violates the separation of powers provision of the Connecticut constitution; and (4) the court abused its discretion when it instructed the jury that it could consider the affidavit of the defendant's husband (H) only for impeachment purposes despite having admitted the affidavit as a full exhibit. We affirm the judgment of the trial court.")