People v Dent

People v Dent 2013 NY Slip Op 08528 Decided on December 24, 2013 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 24, 2013
Tom, J.P., Mazzarelli, Freedman, Richter, Feinman, JJ.
11077

[*1]The People of the State of New York, Dkt. 10679C/11 Respondent,

v

Toussant Dent, Defendant-Appellant.




Steven Banks, The Legal Aid Society, New York (Laura Boyd
of
counsel), for appellant.
Robert T. Johnson, District Attorney, Bronx (Clara H. Salzberg
of
counsel), for respondent.

Judgment, Supreme Court, Bronx County (William McGuire, J.), rendered August 5, 2011, convicting defendant, upon his plea of guilty, of possession of an imitation pistol, and sentencing him to a conditional discharge, unanimously affirmed.

The information was not jurisdictionally defective. "[A]s a matter of common sense and reasonable pleading" (People v Davis, 13 NY3d 17, 31 [2009]), the allegation that the imitation pistol was "all black in color," sufficiently negated both the permissible-colors exception set forth in Administrative Code of City of NY § 10-131(g)(1)(a) and the transparent/translucent materials exception set forth in § 10-131(g)(1)(b) (see People v Delarosa, 27 Misc 3d 1209[A], 2010 NY Slip Op 50636[U], *4-*5 [Crim Ct, NY County 2010]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: DECEMBER 24, 2013

DEPUTY CLERK