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People v. Lineberger

Supreme Court, Appellate Term, First Department, New York.
Mar 19, 2015
9 N.Y.S.3d 594 (N.Y. App. Term 2015)

Opinion

No. 570511/12.

03-19-2015

PEOPLE of the State of New York, Respondent, v. David LINEBERGER, Defendant–Appellant.


Opinion

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 N.Y.3d 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 N.Y.2d 114, 117–118 [2003] ; CPL 220.10[4] ).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur.


Summaries of

People v. Lineberger

Supreme Court, Appellate Term, First Department, New York.
Mar 19, 2015
9 N.Y.S.3d 594 (N.Y. App. Term 2015)
Case details for

People v. Lineberger

Case Details

Full title:PEOPLE of the State of New York, Respondent, v. David LINEBERGER…

Court:Supreme Court, Appellate Term, First Department, New York.

Date published: Mar 19, 2015

Citations

9 N.Y.S.3d 594 (N.Y. App. Term 2015)