People v. Abdurraheem
Opinion of the Court
Judgment, Supreme Court, Bronx County (Steven L. Barrett, J.), rendered January 7, 2008, convicting defendant, upon his plea of guilty, of disorderly conduct, and sentencing him to a conditional discharge, unanimously affirmed.
The accusatory instrument was not jurisdictionally defective.
Giving these facts “a fair and not overly restrictive or technical reading” (People v Casey, 95 NY2d 354, 360 [2000]), we find that the accusatory instrument sufficiently alleged unlicensed general vending (Administrative Code of City of NY § 20-453). “[A]s a matter of common sense and reasonable pleading” (People v Davis, 13 NY3d 17, 31 [2009]), the information adequately alleged that defendant engaged in the conduct required for acting as a general vendor (see Administrative Code § 20-452 [b]). The alleged conduct, taken together with defendant’s statement to the officer, negated any noncommercial explanation (see People v Sylla, 154 Misc 2d 112, 115-116 [Crim Ct, NY County 1992]; People v Diouf, 153 Misc 2d 887, 889-890 [Crim Ct, NY County 1992]). Likewise, the information, read as a whole, supported the inference that defendant was acting in a “public space” (see Administrative Code § 20-452 [d]). Concur— Tom, J.P., Catterson, Richter, Abdus-Salaam and Román, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.