Opinion
No. 16-231
01-11-2024
The People of the State of New York, Respondent, v. Agustin Morel, Defendant-Appellant.
Unpublished Opinion
PRESENT: Hagler, P.J., Brigantti, Tisch JJ.
PER CURIAM.
Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Melissa A. Crane, J.), rendered September 8, 2015, convicting him, upon his plea of guilty, of driving while ability impaired, and imposing sentence.
Judgment of conviction (Melissa A. Crane, J.), rendered September 8, 2015, affirmed.
The information charging driving while impaired by drugs (see Vehicle and Traffic Law § 1192[4]), was not jurisdictionally defective. Nonhearsay allegations established every element of the offense and defendant's commission thereof (see CPL 100.40[1][c]; People v Middleton, 35 N.Y.3d 952, 954 [2020]). The arresting officer alleged that defendant operated a motor vehicle; that he had watery and bloodshot eyes; an "odor of marijuana on his clothes," and "ash containing marijuana on his pants"; that he admitted to the officer that he had "two puffs of marijuana" before the officer stopped him; and that defendant refused to take a urine test (see People v Drouin, 115 A.D.3d 1153, 1154 [2014], lv denied 23 N.Y.3d 1019 [2014]; see also People v Cruz, 48 N.Y.2d 419 [1979], appeal dismissed 446 U.S. 901 [1980]). There is no requirement that the accusatory instrument also contain an allegation of erratic driving (see People v Fiumara, 116 A.D.3d 421 [2014], lv denied 23 N.Y.3d 1036 [2014]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur