Opinion
2014-03-27
The PEOPLE, etc., Respondent, v. Harouna KASSE, Appellant.
Steven Banks, The Legal Aid Society, New York City (Michael J. McLaughlin of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York City (Sheryl Feldman of counsel), for respondent.
Steven Banks, The Legal Aid Society, New York City (Michael J. McLaughlin of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York City (Sheryl Feldman of counsel), for respondent.
MEMORANDUM:
The order of the Appellate Term should be affirmed.
The misdemeanor complaint was jurisdictionally valid because it described facts of an evidentiary nature establishing reasonable cause to believe that defendant engaged in unlicensed general vending in violation of section 20–453 of the New York City Administrative Code. The arresting police officer observed defendant at a specified time and public location standing behind a suitcase with more than 10 handbags, which he offered for sale to various individuals, and defendant failed to produce a vendor's license at the officer's request. Those allegations were sufficient for pleading purposes since they provided adequate notice to enable defendant to prepare a defense and invoke his protection against double jeopardy ( see e.g. People v. Dreyden, 15 N.Y.3d 100, 103, 905 N.Y.S.2d 542, 931 N.E.2d 526 [2010];People v. Allen, 92 N.Y.2d 378, 385, 681 N.Y.S.2d 216, 703 N.E.2d 1229 [1998] ). Chief Judge LIPPMAN and Judges GRAFFEO, READ, SMITH, PIGOTT, RIVERA and ABDUS–SALAAM concur.
On review of submissions pursuant to section 500.11 of the Rules, order affirmed, in a memorandum.