People v Min Chen

[*1] People v Min Chen 2017 NY Slip Op 50469(U) Decided on April 14, 2017 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 April 14, 2017
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Ling-Cohan, Gonzalez, JJ.
570154/14

The People of the State of New York, Respondent,

against

Min Chen, Defendant-Appellant.

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Anthony J. Ferrara, J.), rendered February 11, 2014, after a nonjury trial, convicting her of unlicensed general vending and failure to display a valid vendor's license, and imposing sentence.

Per Curiam.

Judgment of conviction (Anthony J. Ferrara, J.), rendered February 11, 2014, reversed, on the law, accusatory instrument dismissed, and fine and surcharge, if paid, remitted.

Reversal of the judgment convicting defendant of unlicensed general vending and failure to display a valid vendor's license is mandated since, as the People concede, the allegations in the accusatory instrument were jurisdictionally insufficient to meet the elements of the charged crime of unlicensed general vending (see People v Yuxi Zhang, 53 Misc 3d 138[A], 2016 NY Slip Op 51494[U] [App Term, 1st Dept 2016]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: April 14, 2017