Opinion
No. 570112/2011.
2013-06-28
The PEOPLE of the State of New York, Respondent, v. Harouna KASSE, Defendant–Appellant.
The accusatory instrument was not jurisdictionally defective. The sworn police allegations that defendant, without the requisite license, “showed” more than 10 handbags to “numerous people” and that the handbags were situated on a suitcase behind which defendant was standing, “were sufficiently evidentiary in character” (People v. Allen, 92 N.Y.2d 378, 385 [1998] ) to support the sale or offer for sale element of unlicensed general vending [ see Administrative Code of City of N.Y. § 20–453; People v. Abdurraheem, 94 A.D.3d 569 [2012],lv denied19 N.Y.3d 970 [2012];People v. Yu, 4 Misc.3d 128[A], 2004 N.Y. Slip Op 50630[U][App Term, 1st Dept 2004, lv denied3 N.Y.3d 713 [2004] ). Further, defendant's actions were sufficiently pleaded as having occurred in a “public space” ( see Administrative Code § 20–452[d]; People v. Abdurraheem, 94 A.D.3d at 570, 942 N.Y.S.2d 90;People v. Gonzales, 184 Misc.2d 262, 264 [2000],lv denied95 N.Y.2d 835 [2000] ).