Opinion
No. 2010–1745 P CR.
2012-06-13
The PEOPLE of the State of New York, Respondent, v. Michael O'CONNOR, Appellant.
Present: NICOLAI, P.J., LaCAVA and IANNACCI, JJ.
Appeal from a judgment of the Justice Court of the Town of Carmel, Putnam County (Joseph J. Spofford, J.), rendered June 21, 2010. The judgment convicted defendant, upon his plea of guilty, of reckless endangerment in the second degree.
ORDERED that the judgment of conviction is affirmed.
We reject defendant's contention on appeal that the accusatory instrument charging him with reckless endangerment in the second degree (Penal Law § 120.20) was jurisdictionally defective. The accusatory instrument, along with the attached documentation, alleges that, while the complainant was operating a motor vehicle, defendant pulled her hair, which caused her to be pulled to the passenger side and temporarily lose control of the vehicle, and attempted to snap her neck. In our opinion, these allegations adequately establish the elements of reckless endangerment in the second degree, as they set forth facts of an evidentiary nature (CPL 100.15[3] ) providing reasonable cause to believe that defendant committed the offense charged (CPL 100.40[1][b] ), and, if true, establish every element thereof ( seeCPL 100.40[1][c]; People v. Galatro, 84 N.Y.2d 160 [1994];People v. Macellaro, 131 A.D.2d 699 [1987] ).
Accordingly, the judgment of conviction is affirmed.