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People v. Thornhill

Supreme Court, Appellate Term, First Department, New York.
May 13, 2015
16 N.Y.S.3d 793 (N.Y. App. Term 2015)

Opinion

No. 570363/13.

05-13-2015

The PEOPLE of the State of New York, Respondent, v. Darryl THORNHILL, Defendant–Appellant.


Opinion

Judgment of conviction (Steven J. Hornstein, J.), rendered March 7, 2013, affirmed.

We find unavailing defendant's present challenge to the facial sufficiency of the accusatory instrument. Inasmuch as defendant knowingly waived the right to prosecution by information, the accusatory instrument is to be evaluated under the standard applicable to a misdemeanor complaint (see People v. Dumay, 23 NY3d 518 [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 petit larceny (see Penal Law § 155.25 ), the offense to which he ultimately pleaded guilty. The misdemeanor complaint and supporting deposition alleged, inter alia, that a security officer at a specified Home Depot store observed defendant take two drill sets from a shelf and “place said items underneath his clothing” and “walk past the cash registers without paying for said items.” No additional evidentiary details were required for the People's pleading to provide “adequate notice to enable defendant to prepare a defense and invoke his protection against double jeopardy” (People v. Kasse, 22 NY3d 1142, 1143 [2014] ; see generally People v. Olivo, 52 N.Y.2d 309, 315–316 [1981] ).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur.


Summaries of

People v. Thornhill

Supreme Court, Appellate Term, First Department, New York.
May 13, 2015
16 N.Y.S.3d 793 (N.Y. App. Term 2015)
Case details for

People v. Thornhill

Case Details

Full title:The PEOPLE of the State of New York, Respondent, v. Darryl THORNHILL…

Court:Supreme Court, Appellate Term, First Department, New York.

Date published: May 13, 2015

Citations

16 N.Y.S.3d 793 (N.Y. App. Term 2015)