Opinion
570183/05.
Decided September 29, 2006.
Defendant appeals from a judgment of the Criminal Court, New York County (Melissa C. Jackson, J.), rendered December 30, 2004, convicting him, upon a plea of guilty, of fraudulent accosting, and imposing sentence.
Judgment of conviction (Melissa C. Jackson, J.), rendered December 30, 2004, affirmed.
PRESENT: McKeon, P.J., McCooe, Schoenfeld, JJ.
The misdemeanor complaint sufficiently set forth the factual basis for the fraudulent accosting charge ( see Penal Law § 165.30) to which defendant ultimately pleaded guilty by alleging, inter alia, that defendant, upon observing the presence of a police officer, "yelled to" a co-defendant (Jones) to "keep walking," after Jones had approached two named individuals and offered to get a cab for them in exchange for payment of $20, for which the individuals would be "reimburse[d]" by a "hotel". The complaint thus contained "facts of an evidentiary character" (CPL 100.15) demonstrating "reasonable cause" to believe that defendant committed the crime charged (CPL 100.40[b]; see People v. Farrar, 120 Misc 2d 464; People v. Mellish, 4 Misc 3d 1013 [A] 2004 NY Slip Op 50869[U] [2004]; cf. People v. Simmons, 2 Misc 3d 728). That the complaint seemingly charged defendant as a principal rather than as an accomplice had "no bearing on the theory of the prosecution" ( People v. Rivera, 84 NY2d 766, 769), nor did it create a jurisdictional defect.
This constitutes the decision and order of the court.
I concur.