People v. Dent

Appellate Division of the Supreme Court of New York

People v. Dent

112 A.D.3d 529, 976 N.Y.S.2d 875

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 24, 2013

StatusPublished

Cited by2 cases

This text of 112 A.D.3d 529 (People v. Dent) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Dent, 112 A.D.3d 529, 976 N.Y.S.2d 875 (N.Y. Ct. App. 2013).

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Opinion

Judgment, Supreme Court, Bronx County (William McGuire, J.), rendered August 5, 2011, convicting defendant, upon his plea of guilty, of possession of an imitation pistol, and sentencing him to a conditional discharge, unanimously affirmed.

The information was not jurisdictionally defective. “[A]s a matter of common sense and reasonable pleading” (People v Davis, 13 NY3d 17, 31 [2009]), the allegation that the imitation pistol was “all black in color,” sufficiently negated both the permissible-colors exception set forth in Administrative Code of City of NY § 10-131 (g) (1) (a) and the transparent/translucent materials exception set forth in section 10-131 (g) (1) (b) (see People v Delarosa, 27 Misc 3d 1209[A], 2010 NY Slip Op 50636[U], *4-5 [Crim Ct, NY County 2010]). Concur — Tom, J.P, Mazzarelli, Freedman, Richter and Feinman, JJ.

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Judgment, Supreme Court, Bronx County (William McGuire, J.), rendered August 5, 2011, convicting defendant, upon his plea of guilty, of possession of an imitation pistol, and sentencing him to a conditional discharge, unanimously affirmed.

The information was not jurisdictionally defective. “[A]s a matter of common sense and reasonable pleading” (People v Davis, 13 NY3d 17, 31 [2009]), the allegation that the imitation pistol was “all black in color,” sufficiently negated both the permissible-colors exception set forth in Administrative Code of City of NY § 10-131 (g) (1) (a) and the transparent/translucent materials exception set forth in section 10-131 (g) (1) (b) (see People v Delarosa, 27 Misc 3d 1209[A], 2010 NY Slip Op 50636[U], *4-5 [Crim Ct, NY County 2010]). Concur — Tom, J.P, Mazzarelli, Freedman, Richter and Feinman, JJ.

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Bluebook (online)

112 A.D.3d 529, 976 N.Y.S.2d 875, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-dent-nyappdiv-2013.

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