People v Hightower (Joseph)

[*1] People v Hightower (Joseph) 2010 NY Slip Op 51269(U) [28 Misc 3d 131(A)] Decided on July 19, 2010 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on July 19, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Shulman, Hunter, Jr., JJ
570292/09.

The People of the State of New York, Respondent,

against

Joseph Hightower, Defendant-Appellant.

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Shlomo S. Hagler, J.), rendered February 16, 2009, convicting him, upon a plea of guilty, of petit larceny, and imposing sentence.

Per Curiam.

Judgment of conviction (Shlomo S. Hagler, J.), rendered February 16, 2009, affirmed.

The factual portion of the accusatory instrument alleged, inter alia, that defendant, "immediately upon receiving money from another, swipe[d]' an unlimited ride Metrocard through the turnstile in order to allow said individual to enter the subway station beyond the turnstiles without permission or authority to do so." Even accepting defendant's contention that the sufficiency of the accusatory instrument should be evaluated under the standards that apply to a misdemeanor information despite his on the record waiver of the right to be prosecuted by an information (cf. People v Kalin, 12 NY3d 225 [2009]), we find the factual allegations set forth in the accusatory instrument to be sufficient for pleading purposes to establish a prima facie case that defendant committed petit larceny (see People v Williams, 24 Misc 3d 144[A], 2009 NY Slip Op 51791[U] [2009], lv denied 13 NY3d 864 [2009]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur
Decision Date: July 19, 2010