People v Nathaniel (Howard)

[*1] People v Nathaniel (Howard) 2010 NY Slip Op 52074(U) [29 Misc 3d 140(A)] Decided on December 1, 2010 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 December 1, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: Hunter, Jr., J.P., McKeon, Shulman, JJ
570226/09.

The People of the State of New York, Respondent,

against

Howard Nathaniel, a/k/a Nathaniel Howard, Defendant-Appellant.

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Marc Whiten, J.), rendered December 10, 2008, convicting him, upon a plea of guilty, of aggressive begging in a public place, and imposing sentence.

Per Curiam.

Judgment of conviction (Marc Whiten, J.), rendered December 10, 2008, affirmed.

The information charging defendant with aggressive begging in a public place stated that, on a specified date and time, defendant was observed "begging for money" near the corner of East 31st Street and Lexington Avenue in Manhattan; that defendant "approached approximately five (5) vehicles stopped at a traffic light" and "sh[ook] a cup"; and that "the drivers of said vehicles were forced to drive around defendant, causing a disruption of the normal flow of vehicular traffic." These allegations, "given a fair and not overly restrictive or technical reading" (see People v Casey, 95 NY2d 354, 360 [2000]), were sufficient for pleading purposes to establish both reasonable cause to believe that defendant committed the offense of aggressive begging in a public place (see Administrative Code of City of NY § 10-136[b][1]) and a prima facie case of defendant's commission thereof (see generally People v Kalin, 12 NY3d 225 [2009]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concurI concurI concur
Decision Date: December 01, 2010