Opinion
No. 570012/13.
09-29-2015
The PEOPLE of the State of New York, Respondent, v. Chuku ANANABA, Defendant–Appellant.
Opinion
PER CURIAM.
Judgment of conviction (Marc J. Whiten, J.), rendered December 6, 2012, affirmed.
The accusatory instrument was not jurisdictionally defective. Giving the misdemeanor information “a fair and not overly restrictive or technical reading” (People v. Casey, 95 N.Y.2d 354, 360 2000 ), we find “as a matter of common sense and reasonable pleading” (People v. Davis, 13 NY3d 17, 31 2009 ) that it established reasonable cause to believe and a prima facie case that defendant was guilty of “aggressive solicitation” of the type prohibited under Administrative Code of the City of N.Y. § 10–136(b)(1). In this connection, the arresting officer alleged that he observed defendant at a specified public location, “approach[ing] ... pedestrians ... and extend[ing] a compact disc toward them”; that after an individual accepted one of the discs, defendant “stop[ped] the person by moving into their path, t[ook] the compact disc back, sign[ed] it and asked the person ... for five dollars”; and that defendant's conduct caused “more than ten people to have to walk around the defendant and thereby caused a disruption in the flow of normal pedestrian traffic” (see Administrative Code § 10–136[a]1; People v. White, 40 Misc.3d 126[A], 2013 N.Y. Slip Op 51024[U][App Term, 1st Dept 2013], lv denied 22 NY3d 1044 2013; People v. Nathaniel, 29 Misc.3d 140[A], 2010 N.Y. Slip Op 52074[U][App Term, 1st Dept 2010], lv denied 16 NY3d 897 2011 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur.