People v Davis (George)

[*1] People v Davis (George) 2015 NY Slip Op 50817(U) Decided on May 19, 2015 Appellate Term, Second 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 May 19, 2015
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : ALIOTTA, J.P., SOLOMON and ELLIOT, JJ.
2013-559 RI CR

The People of the State of New York, Respondent,

against

George Davis, Appellant.

Appeal from a judgment of the Criminal Court of the City of New York, Richmond County (Mario F. Mattei, J.), rendered February 21, 2013. The judgment convicted defendant, upon his plea of guilty, of unlicensed general vending (Administrative Code of the City of New York § 20-453).

ORDERED that the judgment of conviction is affirmed.

On February 14, 2012, defendant was arrested for selling a DVD to an unidentified person on Victory Boulevard in Staten Island, after he was unable to produce a required general vendor's license issued by the New York City Department of Consumer Affairs.

The accusatory instrument, among other things, alleged that at approximately 10:50 a.m. on February 14, 2012, "at front of 37 Victory Boulevard in Staten Island," defendant committed the offense of unlicensed general vending (Administrative Code of the City of New York § 20-453). Defendant contends that the accusatory instrument was jurisdictionally defective because it contained insufficient allegations that he sold the DVD in a "public space," which is defined as "[a]ll publicly owned property between the property lines on a street as such property lines are shown on the City Record including but not limited to a park, plaza, roadway, shoulder, tree space, sidewalk or parking space between such property lines. It shall also include, but not be limited to, publicly owned or leased land, buildings, piers, wharfs, stadiums and terminals" (Administrative Code of the City of New York § 20-542 [d]).

We find that the allegation in the accusatory instrument that defendant's commission of unlicensed general vending took place "at front of 37 Victory Boulevard in Staten Island," demonstrated reasonable cause to believe that defendant committed the offense of unlicensed general vending in a public space (see CPL 100.15; 100.40 [1] [b]; People v Abdurraheem, 94 AD3d 569, 570 [2012]; People v Fall, 44 Misc 3d 132[A], 2014 NY Slip Op 51126[U] [App Term, 1st Dept 2014]; People v Dickie, 38 Misc 3d 127[A], 2012 NY Slip Op 52532[U] [App Term, 1st Dept 2012]; People v Jones, 30 Misc 3d 1228[A], 2011 NY Slip Op 50241[U] [Crim Ct, NY County 2011]; People v Vega, 186 Misc 2d 234, 235-236 [Crim Ct, Bronx County 2000]; but see People v Montanez, 177 Misc 2d 506, 511-512 [Crim Ct, NY County 1998]).

Accordingly, the judgment of conviction is affirmed.

Aliotta, J.P., Solomon and Elliot, JJ., concur.

Decision Date: May 19, 2015