Opinion
2013-12-24
The PEOPLE of the State of New York, Respondent, v. Toussant DENT, Defendant–Appellant.
Steven Banks, The Legal Aid Society, New York (Laura Boyd of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Clara H. Salzberg of counsel), for respondent.
Steven Banks, The Legal Aid Society, New York (Laura Boyd of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Clara H. Salzberg of counsel), for respondent.
Judgment, Supreme Court, Bronx County (William McGuire, J.), rendered August 5, 2011, convicting defendant, upon his plea of guilty, of possession of an imitation pistol, and sentencing him to a conditional discharge, unanimously affirmed.
The information was not jurisdictionally defective. “[A]s a matter of common sense and reasonable pleading” (People v. Davis, 13 N.Y.3d 17, 31, 884 N.Y.S.2d 665, 912 N.E.2d 1044 [2009] ), the allegation that the imitation pistol was “all black in color,” sufficiently negated both the permissible-colors exception set forth in Administrative Code of City of N.Y. § 10–131(g)(1)(a) and the transparent/translucent materials exception set forth in § 10–131(g)(1)(b) ( see People v. Delarosa, 27 Misc.3d 1209(A), 2010 N.Y. Slip Op. 50636(U), *4–*5, 2010 WL 1485992 [Crim. Ct., N.Y. County 2010] ). TOM, J.P., MAZZARELLI, FREEDMAN, RICHTER, FEINMAN, JJ., concur.