PEOPLE v. ISAAC (2018)

Supreme Court, Appellate Term, New York,

The PEOPLE of the State of New York, Respondent, v. Jake ISAAC, Defendant–Appellant.

570723 /16

Decided: February 16, 2018

PRESENT: Shulman, P.J., Gonzalez, Cooper, JJ.

Judgment of conviction (Heidi C. Cesare, J.), rendered October 6, 2016, affirmed.

The accusatory instrument charging unlicensed general vending (see Administrative Code of City of New York § 20—453) was not jurisdictionally defective. The sworn police allegations that defendant was observed on the south east corner of Vermilyea Avenue and West 207th Street, on a public sidewalk, “display[ing] and offer[ing] for sale a variety of clothing items, [including] shoes, computer accessories, two computer monitors, and roller blades;” that defendant was seen “arranging the items on the ground above pieces of flattened cardboard ․ so that people could see [the merchandise] more clearly” was sufficiently evidentiary in character (see People v. Allen, 92 NY2d 378, 385 [1998] ) to support the “sale or offer for sale” element of unlicensed general vending (see People v. Abdurraheem, 94 AD3d 569 [2012], lv denied 19 NY3d 970 [2012]; People v. Guo Zhang, 14 Misc 3d 82 [2007], lv denied 8 NY3d 951 [2007] ).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

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