| People v Kasse (Harouna) |
| 2013 NY Slip Op 51022(U) [40 Misc 3d 126(A)] |
| Decided on June 28, 2013 |
| Appellate Term, First 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Defendant appeals from a judgment of the Criminal Court of the City of New York,
New York County (Larry R.C. Stephen, J.), rendered May 3, 2011, convicting him, upon
a plea of guilty, of unlicensed general vending, and imposing sentence.
Per Curiam.
Judgment of conviction (Larry R.C. Stephen, J.), rendered May 3, 2011, affirmed.
The accusatory instrument was not jurisdictionally defective. The sworn police allegations that defendant, without the requisite license, "showed" more than 10 handbags to "numerous people" and that the handbags were situated on a suitcase behind which defendant was standing, "were sufficiently evidentiary in character" (People v Allen, 92 NY2d 378, 385 [1998]) to support the sale or offer for sale element of unlicensed general vending [see Administrative Code of City of NY § 20-453; People v Abdurraheem, 94 AD3d 569 [2012], lv denied 19 NY3d 970 [2012]; People v Yu, 4 Misc 3d 128[A], 2004 NY Slip Op 50630[U][App Term, 1st Dept 2004, lv denied 3 NY3d 713 [2004]). Further, defendant's actions were sufficiently pleaded as having occurred in a "public space" (see Administrative Code § 20-452[d]; People v Abdurraheem, 94 AD3d at 570; People v Gonzales, 184 Misc 2d 262, 264 [2000], lv denied 95 NY2d 835 [2000]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur
Decision Date: June 28, 2013