Opinion
No. 570292/19
09-19-2022
The People of the State of New York, Respondent, v. Woody Carvalho, Defendant-Appellant.
Unpublished Opinion
PRESENT: Brigantti, J.P., Tisch, Michael, JJ.
PER CURIAM.
Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Jonathan Svetkey, J.), rendered February 21, 2019, convicting him, upon his plea of guilty, of petit larceny, and imposing sentence.
Judgment of conviction (Jonathan Svetkey, J.), rendered February 21, 2019, affirmed.
In view of defendant's knowing waiver of the right to prosecution by information, the accusatory instrument only had to satisfy the reasonable cause requirement (see People v Dumay, 23 N.Y.3d 518, 522 [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. Allegations that a store employee inside a specified supermarket observed defendant "attempt[ing] to leave the store with several items without paying for [them]", and that when the employee "attempted to stop the defendant from leaving the store," the defendant "took a rock out of his pocket and tried to hit [the employee] with [the] rock," were nonconclusory and facially sufficient to support the charged offense. Contrary to defendant's present contentions, these allegations were sufficient for pleading purposes to establish that the store was the owner of the items and that defendant exercised dominion and control of this merchandise inconsistent with the rights of the owner (see People v Olivo, 52 N.Y.2d 309, 317-319 [1981]; People v Livingston, 150 A.D.3d 448 [2017], lv denied 29 N.Y.3d 1093 [2017]).
All concur.