People v Acevedo (Kelvin)

[*1] People v Acevedo (Kelvin) 2015 NY Slip Op 50288(U) Decided on March 9, 2015 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 March 9, 2015
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Schoenfeld, Shulman, JJ.
570215/12

The People of the State of New York, Respondent,

against

Kelvin Acevedo, Defendant-Appellant.

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Richard M. Weinberg, J.), rendered January 19, 2012, convicting him, upon his plea of guilty, of criminal facilitation in the fourth degree, and imposing sentence.

Per Curiam.

Judgment of conviction (Richard M. Weinberg, J.), rendered January 19, 2012, affirmed.

Defendant pled guilty to one count of criminal facilitation in the fourth degree (Penal Law § 115.00) in satisfaction of an accusatory instrument charging him, inter alia, with criminal possession of a controlled substance in the seventh degree (Penal Law § 220.03). We reject defendant's sole appellate argument that the accusatory instrument is facially insufficient to support the criminal facilitation charge to which he pleaded guilty. Defendant does not dispute that he waived prosecution by information (see People v Dumay, 23 NY3d 518 [2014]), nor that the accusatory instrument described "facts of an evidentiary character" (CPL 100.15[3]) demonstrating "reasonable cause" to believe (CPL 100.40[4][b]) that he was guilty of the charged crime of criminal possession of a controlled substance in the seventh degree (Penal Law § 220.03). The court thus had jurisdiction over defendant and was authorized to accept defendant's plea to fourth-degree criminal facilitation, "a lesser crime not included in the accusatory instrument" (People v Keizer, 100 NY2d 114, 117-118 [2003]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: March 09, 2015