PEOPLE v. THOMAS (2022)

Supreme Court, Appellate Term, New York,

The PEOPLE of the State of New York, Respondent, v. Omar THOMAS, Defendant-Appellant.

570318 /18

Decided: May 12, 2022

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

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.

Per Curiam.

All concur

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