Opinion
570318/18
05-12-2022
The PEOPLE of the State of New York, Respondent, v. Omar THOMAS, Defendant-Appellant.
Per Curiam.
Judgment of conviction (Steven J. Hornstein, J.), rendered March 15, 2018, affirmed.
Since defendant waived prosecution by information, the accusatory instrument is assessed under the reasonable cause standard applicable to a misdemeanor complaint (see People v Dumay , 23 NY3d 518, 522 [2014] ). So viewed, the instrument charging driving while intoxicated (see Vehicle and Traffic Law § 1192[3] ) was not jurisdictionally defective. The arresting officer alleged that defendant operated a 2004 Toyota motor vehicle, had bloodshot and watery eyes, slurred speech, the odor of alcohol on his breath, was unsteady on his feet and refused to submit to a breath test (see People v Fiumara , 116 AD3d 421 [2014], lv denied 23 NY3d 1036 [2014] ). These allegations gave defendant sufficient notice to prepare a defense and had detail adequate to prevent him from being tried twice for the same offense (see People v Kalin , 12 NY3d 225 [2009] ). There was no requirement that the accusatory instrument also contain an allegation of erratic driving (see People v Fiumara , 116 AD3d at 421 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
All concur