People v Flores (Angel)

[*1] People v Flores (Angel) 2015 NY Slip Op 51512(U) Decided on October 16, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 October 16, 2015
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Schoenfeld, Hunter, Jr., JJ.
571031/12

The People of the State of New York, Respondent,

against

Angel Flores, Defendant-Appellant.

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (John Cataldo, J.H.O.), rendered October 24, 2012, after a nonjury trial, convicting him of unlicensed general vending, and imposing sentence.

Per Curiam.

Judgment of conviction (John Cataldo, J.H.O.), rendered October 24, 2012, reversed, on the law, and accusatory instrument dismissed.

Reversal of the judgment convicting defendant of unlicensed general vending and dismissal of that charge is mandated since, as the People concede, the conduct ascribed to defendant in the underlying accusatory instrument did not constitute unlicensed general vending.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur I concur I concur
Decision Date: October 16, 2015