| People v Balgobin (Sanattan) |
| 2013 NY Slip Op 50944(U) [39 Misc 3d 149(A)] |
| Decided on June 4, 2013 |
| Appellate Term, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from a judgment of the Criminal Court of the City of New York, Queens
County (Joseph A. Zayas, J.), rendered January 10, 2011. The judgment convicted
defendant, after a nonjury trial, of unlawful solicitation of ground transportation services
at an airport.
ORDERED that the judgment of conviction is affirmed.
Defendant was charged with criminal trespass in the third degree (Penal Law § 140.10 [a]), unlawful solicitation of ground transportation services at an airport (Vehicle and Traffic Law § 1220-b) and trespass (Penal Law § 140.05). After a nonjury trial, the Criminal Court convicted defendant of unlawful solicitation of ground transportation services at an airport.
Insofar as is relevant to this appeal, Vehicle and Traffic Law § 1220-b (1) prohibits an individual from engaging or offering to engage in any business, trade or commercial transaction involving the rendering to another person of any ground transportation services at an airport without being authorized to do so by the airport operator. Contrary to defendant's sole argument on appeal, the accusatory instrument provided reasonable cause to believe that defendant was not authorized to solicit ground transportation services. We note that, unlike the case of People v [*2]Dreyden (15 NY3d 100 [2010]), relied upon by defendant, the allegations in this accusatory instrument do not involve a conclusion drawn by a police officer based upon the exercise of professional skill or experience, thereby requiring an explanation concerning the basis for that conclusion (see People v Jackson, 18 NY3d 738, 746 [2012]).
Accordingly, the judgment of conviction is affirmed.
Aliotta, J.P., Pesce and Rios, JJ., concur.
Decision Date: June 04, 2013