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People v. Nathaniel

Appellate Term of the Supreme Court of New York, First Department
Dec 1, 2010
2010 N.Y. Slip Op. 52074 (N.Y. App. Term 2010)

Opinion

570226/09.

Decided December 1, 2010.

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Marc Whiten, J.), rendered December 10, 2008, convicting him, upon a plea of guilty, of aggressive begging in a public place, and imposing sentence.

PRESENT: Hunter, Jr., J.P., McKeon, Shulman, JJ.


Judgment of conviction (Marc Whiten, J.), rendered December 10, 2008, affirmed.

The information charging defendant with aggressive begging in a public place stated that, on a specified date and time, defendant was observed "begging for money" near the corner of East 31st Street and Lexington Avenue in Manhattan; that defendant "approached approximately five (5) vehicles stopped at a traffic light" and "sh[ook] a cup"; and that "the drivers of said vehicles were forced to drive around defendant, causing a disruption of the normal flow of vehicular traffic." These allegations, "given a fair and not overly restrictive or technical reading" ( see People v Casey, 95 NY2d 354, 360), were sufficient for pleading purposes to establish both reasonable cause to believe that defendant committed the offense of aggressive begging in a public place ( see Administrative Code of City of NY § 10-136[b][1]) and a prima facie case of defendant's commission thereof ( see generally People v Kalin, 12 NY3d 225).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur


Summaries of

People v. Nathaniel

Appellate Term of the Supreme Court of New York, First Department
Dec 1, 2010
2010 N.Y. Slip Op. 52074 (N.Y. App. Term 2010)
Case details for

People v. Nathaniel

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HOWARD NATHANIEL…

Court:Appellate Term of the Supreme Court of New York, First Department

Date published: Dec 1, 2010

Citations

2010 N.Y. Slip Op. 52074 (N.Y. App. Term 2010)