PEOPLE v. DARBY (2025)

Supreme Court, Appellate Term, New York,

The PEOPLE of the State of New York, Respondent, v. Gregory DARBY, Defendant-Appellant.

570246 /19

Decided: January 16, 2025

PRESENT: Hagler, P.J, Brigantti, Tisch, JJ.

Judgment of conviction (Tara A. Collins, J.), rendered March 26, 2019, 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 various Vehicle & Traffic Law offenses, including driving while intoxicated (see Vehicle & Traffic Law § 1192[2]), was jurisdictionally valid. Contrary to defendant's contention, the operation element of the offenses was satisfied by allegations that defendant was seated behind the steering wheel of the vehicle that was stopped in the middle of the one traffic lane, with the engine running; defendant, who was asleep, was the sole occupant; the driver's side door was open, and a substance that appeared to be vomit was on the ground outside the door (see People v Alamo, 34 NY2d 453, 458-459 [1974]; People v Almanzar, 113 AD3d 527 [2014], lv denied 23 NY3d 1059 [2014]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

All concur

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