People v. Dent

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.