Opinion
No. 12–201.
2014-08-22
The PEOPLE of the State of New York, Respondent, v. Darryl RHODES, Defendant–Appellant.
Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Lynn R. Kotler, J.), rendered November 30, 2011, convicting him, upon a plea of guilty, of forcible touching, and imposing sentence.
Present: SCHOENFELD, J.P., HUNTER, JR., LING–COHAN, JJ. PER CURIAM.
Judgment of conviction (Lynn R. Kotler, J.), rendered November 30, 2011, 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, ––– NY3d ––––, 2014 N.Y. Slip Op 04038 [2014] ). So viewed, the accusatory instrument was jurisdictionally valid because it described facts of an evidentiary nature establishing reasonable cause to believe that defendant was guilty of forcible touching ( see Penal Law § 130.52), the offense to which defendant ultimately pleaded guilty. In this connection, the factual portion of the accusatory instrument alleged, inter alia, that, at a specified time and street location, defendant approached the victim and “grabbed” her left breast, and that the victim “did not consent to the defendant touching her in any way.” Contrary to defendant's contention, the allegation that the victim did not consent to any sexual contact was sufficient, at the pleading stage, to support the lack of consent element of the charged offense ( see People v. Guaman, 36 Misc.3d 126[A], 2012 N.Y. Slip Op 51203[U][App Term, 1st Dept 2012], affd 22 NY3d 678 [2014] ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I CONCUR.