People v Thornhill (Darryl)

[*1] People v Thornhill (Darryl) 2015 NY Slip Op 50720(U) Decided on May 13, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 May 13, 2015
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Schoenfeld, J.P., Hunter, Jr., Ling-Cohan, JJ.
570363/13

The People of the State of New York, Respondent,

against

Darryl Thornhill, Defendant-Appellant.

Defendant appeals from a judgment of the Criminal Court of the City of New York, Bronx County (Steven J. Hornstein, J.), rendered March 7, 2013, convicting him, upon a plea of guilty, of petit larceny, and imposing sentence.

Per Curiam.

Judgment of conviction (Steven J. Hornstein, J.), rendered March 7, 2013, affirmed.

We find unavailing defendant's present challenge to the facial sufficiency of the accusatory instrument. Inasmuch as defendant knowingly waived the right to prosecution by information, the accusatory instrument is to be evaluated under the standard applicable to a misdemeanor complaint (see People v Dumay, 23 NY3d 518 [2014]). So viewed, the accusatory instrument was jurisdictionally valid because it described facts of an evidentiary nature establishing reasonable cause to believe that defendant was guilty of petit larceny (see Penal Law § 155.25), the offense to which he ultimately pleaded guilty. The misdemeanor complaint and supporting deposition alleged, inter alia, that a security officer at a specified Home Depot store observed defendant take two drill sets from a shelf and "place said items underneath his clothing" and "walk past the cash registers without paying for said items." No additional evidentiary details were required for the People's pleading to provide "adequate notice to enable defendant to prepare a defense and invoke his protection against double jeopardy" (People v Kasse, 22 NY3d 1142, 1143 [2014]; see generally People v Olivo, 52 NY2d 309, 315—316 [1981]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: May 13, 2015