People v Lineberger (David)

[*1] People v Lineberger (David) 2015 NY Slip Op 50335(U) Decided on March 19, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 19, 2015
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Schoenfeld, J.P., Hunter, Jr., Ling-Cohan, JJ.
570511/12

People of the State of New York, Respondent,

against

David Lineberger, Defendant-Appellant.

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Marc J. Whiten, J.), rendered March 20, 2012, convicting him, upon his plea of guilty, of fraudulent accosting, and imposing sentence.

Per Curiam.

Judgment of conviction (Marc J. Whiten, J.), rendered March 20, 2012, affirmed.

Defendant pled guilty to one count of fraudulent accosting in satisfaction of an accusatory instrument charging him with two counts each of fraudulent accosting (see Penal Law § 165.30[1]) and possession of an imitation controlled substance with intent to sell (see Public Health Law § 3383[2]). We reject defendant's sole appellate argument that the accusatory instrument is facially insufficient to support the fraudulent accosting 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 possession of an imitation controlled substance with intent to sell (Public Health Law § 3383[2]). The court thus had jurisdiction over defendant and was authorized to accept defendant's plea to the charged offense of fraudulent accosting (see People v Keizer, 100 NY2d 114, 117-118 [2003]; CPL 220.10[4]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: March 19, 2015