Opinion
No. 570546/19
09-19-2024
The People of the State of New York, Respondent, v. Claudio Ramirez, 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Unpublished Opinion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 (Nicholas W. Moyne, J.), rendered May 17, 2019, convicting him, upon his plea of guilty, of petit larceny, and imposing sentence.
Judgment of conviction (Nicholas W. Moyne, J.), rendered May 17, 2019, affirmed.
In view of the defendant's knowing waiver of his right to prosecution by information, the facial sufficiency of the accusatory instrument must be assessed under the standard required of a misdemeanor complaint (see People v Dumay, 23 N.Y.3d 518, 522 [2014]). So viewed, the accusatory instrument was jurisdictionally valid since it described facts of an evidentiary nature establishing reasonable cause to believe, at a minimum, that defendant was guilty of petit larceny (see Penal Law § 155.25). The instrument alleges that on two separate dates-March 14, 2019, and March 18, 2019-the defendant was observed inside a specified Target store, removing "clothing items (shoes) from a shelf," "plac[ing] the items into Target bags," and "attempt[ing] to leave the store in possession of the items without paying for" them. The instrument further alleges that a store employee recovered the merchandise from defendant. Contrary to defendant's present claim, these allegations were nonconclusory and facially sufficient to support the charged offense (see People v Livingston, 150 A.D.3d 448 [2017], lv denied 29 N.Y.3d 1093 [2017]; see also People v Olivo, 52 N.Y.3d 309, 318-319 [1981]).