People v Camara (Ali)

[*1] People v Camara (Ali) 2015 NY Slip Op 51357(U) Decided on September 23, 2015 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 This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on September 23, 2015
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Shulman, J.P., Hunter, Jr., Ling-Cohan, JJ.
570260/12

The People of the State of New York, Respondent, -

against

Ali Camara, Defendant-Appellant.

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Robert M. Mandelbaum, J.), rendered February 9, 2012, after a nonjury trial, convicting him of unlicensed general vending, and imposing sentence.

Per Curiam.

Judgment of conviction (Robert M. Mandelbaum, J.), rendered February 9, 2012, affirmed.

We find unavailing defendant's present challenge to the facial sufficiency of the accusatory instrument charging him with unlicensed general vending (see Administrative Code of City of NY § 20-453). The factual portion of the information detailed defendant's actions in "display[ing] and offer[ing] for sale six watches," and "exchang[ing] the merchandise with [two] customers in return for currency"; and defendant does dispute that the People's pleading adequately alleged that he engaged in the conduct required for acting as a general vendor. Contrary to defendant's present claim, the sworn police allegations - that defendant was "not displaying a license issued by the Department of Consumer Affairs and could not produce one when asked" - were "sufficiently evidentiary in character" (People v Allen, 92 NY2d 378, 385 [1998]) to establish that defendant lacked the requisite license (see People v Kasse, 22 NY3d 1142, 1143 [2014]).THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concurI concurI concur
Decision Date: September 23, 2015