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People v. Balgobin

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
Jun 4, 2013
39 Misc. 3d 149 (N.Y. App. Div. 2013)

Opinion

No. 2011–1267 Q CR.

2013-06-4

The PEOPLE of the State of New York, Respondent, v. Sanattan BALGOBIN, Appellant.


Present: ALIOTTA, J.P., PESCE and RIOS, JJ.

Appeal from a judgment of the Criminal Court of the City of New York, Queens County (Joseph A. Zayas, J.), rendered January 10, 2011. The judgment convicted defendant, after a nonjury trial, of unlawful solicitation of ground transportation services at an airport.

ORDERED that the judgment of conviction is affirmed.

Defendant was charged with criminal trespass in the third degree (Penal Law § 140.10[a] ), unlawful solicitation of ground transportation services at an airport (Vehicle and Traffic Law § 1220–b) and trespass (Penal Law § 140.05). After a nonjury trial, the Criminal Court convicted defendant of unlawful solicitation of ground transportation services at an airport.

Insofar as is relevant to this appeal, Vehicle and Traffic Law § 1220–b (1) prohibits an individual from engaging or offering to engage in any business, trade or commercial transaction involving the rendering to another person of any ground transportation services at an airport without being authorized to do so by the airport operator. Contrary to defendant's sole argument on appeal, the accusatory instrument provided reasonable cause to believe that defendant was not authorized to solicit ground transportation services. We note that, unlike the case of People v. Dreyden (15 NY3d 100 [2010] ), relied upon by defendant, the allegations in this accusatory instrument do not involve a conclusion drawn by a police officer based upon the exercise of professional skill or experience, thereby requiring an explanation concerning the basis for that conclusion ( see People v. Jackson, 18 NY3d 738, 746 [2012] ).

Accordingly, the judgment of conviction is affirmed.

ALIOTTA, J.P., PESCE and RIOS, JJ., concur.


Summaries of

People v. Balgobin

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
Jun 4, 2013
39 Misc. 3d 149 (N.Y. App. Div. 2013)
Case details for

People v. Balgobin

Case Details

Full title:The People of the State of New York, Respondent, v. Sanattan Balgobin…

Court:SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

Date published: Jun 4, 2013

Citations

39 Misc. 3d 149 (N.Y. App. Div. 2013)
2013 N.Y. Slip Op. 50944
972 N.Y.S.2d 145

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