People v Ananaba (Chuku)

[*1] People v Ananaba (Chuku) 2015 NY Slip Op 51376(U) Decided on September 29, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 29, 2015
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Shulman, J.P., Hunter, Jr., Ling-Cohan, JJ.
570012/13

The People of the State of New York, Respondent,

against

Chuku Ananaba, Defendant-Appellant.

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Marc J. Whiten, J.), rendered December 6, 2012, convicting him, upon a plea of guilty, of violating New York City Administrative Code § 10-136 (b)(1), and imposing sentence.

Per Curiam.

Judgment of conviction (Marc J. Whiten, J.), rendered December 6, 2012, affirmed.

The accusatory instrument was not jurisdictionally defective. Giving the misdemeanor information "a fair and not overly restrictive or technical reading" (People v Casey, 95 NY2d 354, 360 [2000]), we find "as a matter of common sense and reasonable pleading" (People v Davis, 13 NY3d 17, 31 [2009]) that it established reasonable cause to believe and a prima facie case that defendant was guilty of "aggressive solicitation" of the type prohibited under Administrative Code of the City of NY § 10-136(b)(1). In this connection, the arresting officer alleged that he observed defendant at a specified public location, "approach[ing] . . . pedestrians . . . and extend[ing] a compact disc toward them"; that after an individual accepted one of the discs, defendant "stop[ped] the person by moving into their path, t[ook] the compact disc back, sign[ed] it and asked the person . . . for five dollars"; and that defendant's conduct caused "more than ten people to have to walk around the defendant and thereby caused a disruption in the flow of normal pedestrian traffic" (see Administrative Code § 10-136[a][1]; People v White, 40 Misc 3d 126[A], 2013 NY Slip Op 51024[U][App Term, 1st Dept 2013], lv denied 22 NY3d 1044 [2013]; People v Nathaniel, 29 Misc 3d 140[A], 2010 NY Slip Op 52074[U][App Term, 1st Dept 2010], lv denied 16 NY3d 897 [2011]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: September 29, 2015