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People v. Tounkara

Supreme Court of New York
Jan 7, 2022
2022 N.Y. Slip Op. 50003 (N.Y. Sup. Ct. 2022)

Opinion

570699/16

01-07-2022

The People of the State of New York, Respondent, v. Oumar Tounkara, Defendant-Appellant.


Unpublished Opinion

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Guy H. Mitchell, J.), rendered September 24, 2016, convicting him, upon his plea of guilty, of criminal possession of a forged instrument in the third degree, and imposing sentence.

PRESENT: Edmead, P.J., McShan, Silvera, JJ.

PER CURIAM.

Judgment of conviction (Guy H. Mitchell, J.), rendered September 24, 2016, affirmed.

In view of defendant's knowing waiver of his right to prosecution by information, the accusatory instrument only had to satisfy the reasonable cause requirement (see People v Dumay, 23 N.Y.3d 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 criminal possession of a forged instrument in the third degree (see Penal Law § 170.20). The instrument recited that a police officer inside a specified subway station observed defendant "bending a MetroCard"; that the officer recovered the MetroCard from defendant's hand and observed that "it was bent in a location on the magnetic strip"; and that the officer knew from his training and experience that bending MetroCards in this way could "alter a card with zero balance so that it will provide a ride to the user" (see People v Mattocks, 12 N.Y.3d 326, 330 [2009]; People v Cortes, 71 Misc.3d 141 [A], 2021 NY Slip Op 50546[U] [App Term, 1st Dept 2021], lv denied 37 N.Y.3d 991 [2021]). For purposes of our threshold, pleading-stage inquiry, defendant's knowledge of the forgery and intent to defraud could be inferred from his actions and the surrounding circumstances (see People v Johnson, 65 N.Y.2d 556 [1985]; People v Bracey, 41 N.Y.2d 296, 301 [1977]; People v Lisboa, 70 Misc.3d 144 [A], 2021 NY Slip Op 50200[U] [App Term, 1st Dept 2021], lv denied 37 N.Y.3d 958 [2021]).

All concur


Summaries of

People v. Tounkara

Supreme Court of New York
Jan 7, 2022
2022 N.Y. Slip Op. 50003 (N.Y. Sup. Ct. 2022)
Case details for

People v. Tounkara

Case Details

Full title:The People of the State of New York, Respondent, v. Oumar Tounkara…

Court:Supreme Court of New York

Date published: Jan 7, 2022

Citations

2022 N.Y. Slip Op. 50003 (N.Y. Sup. Ct. 2022)