Opinion
570715/16
01-16-2019
The PEOPLE of the State of New York, Respondent, v. Donald HOLMES, Defendant-Appellant.
Per Curiam.
Judgment of conviction (Guy H. Mitchell, J.), rendered September 23, 2016, affirmed.
The accusatory instrument charging unlicensed general vending (see Administrative Code of City of New York § 20-453) was not jurisdictionally defective. The sworn police allegations that defendant was observed "in front of 8 Pennsylvania Place," "display[ing] and offer[ing] for sale two t-shirts," "holding the merchandise in his hand," and "showing the merchandise to numerous people" were "sufficiently evidentiary in character" ( People v. Allen, 92 NY2d 378, 385 [1998] ) to support the "sale or offer for sale" element (see People v. Kasse , 22 NY3d 1142 [2014] ; People v. Abdurraheem, 94 AD3d 569 [2012], lv denied 19 NY3d 970 [2012] ; People v. Broussard , 58 Misc 3d 157[A], 2018 NY Slip Op 50213[U] [App Term, 1st Dept 2018], lv denied 31 NY3d 1079 [2018] ; People v. Zoungrana , 13 Misc 3d 130[A], 2006 NY Slip Op 51795[U][App Term, 1st Dept 2006], lv denied 7 NY3d 871 [2006] ) and the "public space" element of the offense (see People v. Abdurraheem, 94 AD3d at 570 ; People v. Sosa , 57 Misc 3d 129[A], 2017 NY Slip Op 51166[U] [App Term, 1st Dept 2017], lv denied 30 NY3d 1063 [2017] ; People v. Fall , 44 Misc 3d 132[A], 2014 NY Slip Op 51126[U] [App Term, 1st Dept 2014], lv denied 24 NY3d 1083 [2014] ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.