PEOPLE v. FRANKLIN (2018)

Supreme Court, Appellate Term, New York.

The PEOPLE of the State of New York, Respondent, v. Larry FRANKLIN, Defendant–Appellant.

17–043

Decided: March 16, 2018

PRESENT: Ling–Cohan, J.P., Gonzalez, Edmead, JJ.

Judgment of conviction (Kate Paek, J.), rendered August 5, 2016, reversed, on the law, and the accusatory instrument is dismissed.

The misdemeanor complaint was jurisdictionally defective because it failed to provide reasonable cause to believe that defendant committed the offense charged (see CPL 100.40[4][b]). The conduct alleged in the complaint, taken together with defendant's statement to the officer, failed to establish reasonable cause to believe that defendant engaged in the conduct required for acting as a general vendor (see Administrative Code of City of NY § 20–453; cf. People v Kasse, 22 NY3d 1142 [2014]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

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