THE PEOPLE, res v. HOWARD DALTON, def-app

12-302. THE PEOPLE, res v. HOWARD DALTON, def-app — Judgement of conviction (Richard Ross, J.H.O.), rendered February 21, 2012, affirmed.

The verdict convicting defendant of failing to comply with a lawful direction or command of a police officer (see 56 RCNY 1-03 [c][1]), was supported by legally sufficient evidence and was not against the weight of the evidence, which showed that defendant failed to comply with a police officer’s command to move his food vending cart from the plaza of the Metropolitan Museum of Art, after being informed that the cart’s placement violated certain footage restrictions contained in General Business Law §35-a(7)(i). Defendant’s primary contention on appeal — that the restrictions contained in General Business Law §35-a do not apply to “food” vendors and therefore, the police officer’s command was not “lawful” — is unavailing (see Matter of Rossi v. New York City Dept. of Parks & Recreation, 127 AD3d 463 [2015]). For the same reasons, we reject defendant’s challenge to the facial sufficiency of the accusatory instrument.