People v Reyes (Willikie)

[*1] People v Reyes (Willikie) 2015 NY Slip Op 50883(U) Decided on June 12, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 June 12, 2015
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III., P.J., Schoenfeld, Shulman, JJ.
570205/12

The People of the State of New York, Respondent, -

against

Willikie Reyes, Defendant-Appellant.

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Erika M. Edwards, J.), rendered January 31, 2012, convicting him, upon a plea of guilty, of unlawful possession of marijuana, and imposing sentence.

Per Curiam.

Judgment of conviction (Erika M. Edwards, J.), rendered January 31, 2012, affirmed.

In view of defendant's knowing waiver of his right to prosecution by information, the facial sufficiency of the accusatory instrument must be assessed under the standard required of 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 the charged offense of criminal possession of marijuana in the fifth degree (see Penal Law § 221.10[1]). Contrary to defendant's present contention, the allegations that defendant was "opposite of 712 West 175th Street" and "holding marijuana in a public place and open to public view" and that the undercover officer "observed the defendant place the bag" of marijuana in the sleeve of defendant's jacket, where it was then recovered, were sufficient, for pleading purposes, to satisfy the "public place" and "open to public view" elements of the charged offense(see People v Jackson, 18 NY3d 738 [2012]; People v Oquendo, 39 Misc 3d 70 [2013], lv denied 21 NY3d 1076 [2013]; People v Colon, 17 Misc 3d 128[A], 2007 NY Slip Op 51907[U] [App Term, 1st Dept 2007], lv denied 10 NY3d 809 [2008]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: June 12, 2015