People v. Hayward

Appellate Terms of the Supreme Court of New York

People v. Hayward

54 Misc. 3d 19, 43 N.Y.S.3d 844

CourtAppellate Terms of the Supreme Court of New York

DecidedOctober 21, 2016

StatusPublished

This text of 54 Misc. 3d 19 (People v. Hayward) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court 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. Hayward, 54 Misc. 3d 19, 43 N.Y.S.3d 844 (N.Y. Ct. App. 2016).

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Opinion

OPINION OF THE COURT

Per Curiam.

Judgment of conviction, rendered June 9, 2015, reversed, on the law, accusatory instrument dismissed, and surcharge, if paid, remitted.

The information charging defendant with aggressive begging (see Administrative Code of City of NY § 10-136 [b] [1]) was jurisdictionally defective, because it failed to allege facts establishing a required element of the charge—that defendant did “[s]olicit, ask or beg . . . with the purpose of obtaining an immediate donation of money or other thing of value or soliciting the sale of goods or services” (Administrative Code § 10-136 [a] [2]). In this regard, the sworn factual allegations that defendant was on a public sidewalk when he “approach [ed] pedestrians while holding CDs,” spoke to these individuals and followed them for approximately one block, were insufficient to support an inference that defendant’s purpose was to “obtain [ ] an immediate donation” or “solicit[ ] [a] sale” (compare People v Ananaba, 49 Misc 3d 127[A], 2015 NY Slip Op 51376[U], *1 [App Term, 1st Dept 2015] [defendant handed compact discs to pedestrians and asked “for five dollars”], lv denied 26 NY3d 1142 [2016]).

Lowe, III, P.J., Schoenfeld and Ling-Cohan, JJ., concur.

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OPINION OF THE COURT

Per Curiam.

Judgment of conviction, rendered June 9, 2015, reversed, on the law, accusatory instrument dismissed, and surcharge, if paid, remitted.

The information charging defendant with aggressive begging (see Administrative Code of City of NY § 10-136 [b] [1]) was jurisdictionally defective, because it failed to allege facts establishing a required element of the charge—that defendant did “[s]olicit, ask or beg . . . with the purpose of obtaining an immediate donation of money or other thing of value or soliciting the sale of goods or services” (Administrative Code § 10-136 [a] [2]). In this regard, the sworn factual allegations that defendant was on a public sidewalk when he “approach [ed] pedestrians while holding CDs,” spoke to these individuals and followed them for approximately one block, were insufficient to support an inference that defendant’s purpose was to “obtain [ ] an immediate donation” or “solicit[ ] [a] sale” (compare People v Ananaba, 49 Misc 3d 127[A], 2015 NY Slip Op 51376[U], *1 [App Term, 1st Dept 2015] [defendant handed compact discs to pedestrians and asked “for five dollars”], lv denied 26 NY3d 1142 [2016]).

Lowe, III, P.J., Schoenfeld and Ling-Cohan, JJ., concur.

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Bluebook (online)

54 Misc. 3d 19, 43 N.Y.S.3d 844, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-hayward-nyappterm-2016.