PEOPLE v. RAMIREZ (2024)

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 NY3d 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 AD3d 448 [2017], lv denied 29 NY3d 1093 [2017]; see also People v Olivo, 52 NY3d 309, 318-319 [1981]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

All concur