Opinion
2014-04-24
The PEOPLE of the State of New York, Respondent, v. Arjune SINGH, Defendant–Appellant.
Steven Banks, The Legal Aid Society, New York (Natalie Rea 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 (Natalie Rea of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Clara H. Salzberg of counsel), for respondent.
Judgment, Supreme Court, Bronx County (Robert A. Sackett, J.), rendered February 15, 2012, convicting defendant, upon his plea of guilty, of disorderly conduct, and sentencing him to a conditional discharge with five days' of community service 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 an imitation pistol “resembled a real.9[sic] mm semi-automatic pistol, in that it was black and silver 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 section 10–131(g)(1)(b) ( see People v. Dent, 112 A.D.3d 529, 976 N.Y.S.2d 875 [1st Dept.2013]; People v. Delarosa, 27 Misc.3d 1209[A], –––– – ––––, 2010 N.Y. Slip Op. 50636[U], *4–5, 2010 WL 1485992, *3–4 [Crim.Ct., N.Y. County 2010] ). SWEENY, J.P., ACOSTA, SAXE, MANZANET–DANIELS, CLARK, JJ., concur.