What is the test for reversing a judgment convicting defendant of unlicensed general vending and failure to display a valid vendor's license?
"New York", United States of America
The following excerpt is from People v. Min Chen, 58 N.Y.S.3d 875 (Table) (N.Y. App. Term 2017):
Reversal of the judgment convicting defendant of unlicensed general vending and failure to display a valid vendor's license is mandated since, as the People concede, the allegations in the accusatory instrument were jurisdictionally insufficient to meet the elements of the charged crime of unlicensed general vending (see People v. Yuxi Zhang, 53 Misc.3d 138[A], 2016 N.Y. Slip Op 51494[U] [App Term, 1st Dept 2016] ).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a court have jurisdiction to hear an appeal from the reentry of a judgment of conviction from a reentry judgment of a prior conviction? (MultiRegion, United States of America)
Are there any cases where the Supreme Court has found that criminal convictions for common law crimes against individuals who have not been convicted of criminal convictions are sufficient grounds for criminal convictions? (MultiRegion, United States of America)
What is the test for reversing a judgment of conviction for failure to appear for a pre-induction physical examination? (MultiRegion, United States of America)
What is the test for a motion to vacate a judgment of conviction against a defendant who made a statement at sentencing that undermined the factual basis for his guilty plea? (MultiRegion, United States of America)
Can a defendant challenge his conviction for conspiracy to pervert the course of justice by challenging the sufficiency of evidence to support his conviction? (MultiRegion, United States of America)
Does the Double Jeopardy Clause preclude the Government from retrying a defendant whose conviction was set aside because of an error in the proceedings leading to the conviction? (MultiRegion, United States of America)
What is the relevant jurisdiction for a motion of appeal against a judgment of conviction for sexual assault against a defendant who filed his notice of appeal pro se? (MultiRegion, United States of America)
Does a defendant's right to a jury trial extend to the factual determination of whether that defendant has suffered a prior conviction? (MultiRegion, United States of America)
Is there any case law where a defendant has been convicted of a drug-fuelled murder and convicted of the crime because the prosecution relied heavily on circumstantial evidence? (MultiRegion, United States of America)
Is a Minister's delegate erred by misapplying the so-called "two-part test" in determining that a convicted criminal must be convicted of certain crimes and that the convicted person is or will be a danger to the public? (Canada (Federal), Canada)
