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PEOPLE v. MARTINEZ (RICARDO)

Appellate Term of the Supreme Court of New York, First Department
Jan 29, 2009
2009 N.Y. Slip Op. 50138 (N.Y. App. Term 2009)

Opinion

570309/06.

Decided January 29, 2009.

Judgment of conviction (Anthony J. Ferrara, J.), rendered January 20, 2006, affirmed.

Defendant appeals from a judgment of the Criminal

Court of the City of New York, New York County (Anthony J. Ferrara, J.), rendered January 20, 2006, convicting him, upon a plea of guilty, of criminal possession of stolen property in the fifth degree, and imposing sentence.

PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ.


We find unavailing defendant's challenge to the facial sufficiency of the misdemeanor complaint. Allegations, inter alia, that defendant lacked permission or authority to possess the credit card issued to one Corrao that was recovered from defendant's person or the credit card issued to one Ramirez that was used to purchase the Metrocards recovered from defendant's person, were sufficient to establish "reasonable cause" (CPL 100.40[b]) to believe that defendant committed the fifth-degree criminal possession of stolen property count charged ( see generally People v Garcia, 290 AD2d 299, lv denied, 98 NY2d 730).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.


Summaries of

PEOPLE v. MARTINEZ (RICARDO)

Appellate Term of the Supreme Court of New York, First Department
Jan 29, 2009
2009 N.Y. Slip Op. 50138 (N.Y. App. Term 2009)
Case details for

PEOPLE v. MARTINEZ (RICARDO)

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICARDO MARTINEZ…

Court:Appellate Term of the Supreme Court of New York, First Department

Date published: Jan 29, 2009

Citations

2009 N.Y. Slip Op. 50138 (N.Y. App. Term 2009)
880 N.Y.S.2d 226