The People of the State of New York, Respondent, v. Shatisha Gurley, Defendant-Appellant. (2024)

Per Curiam.

Judgment of conviction (Anne J. Swern, J.), rendered February 28, 2019, affirmed.

Since the defendant knowingly waived her 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, 524 [2014]). So viewed, the complaint was jurisdictionally valid because it described facts establishing reasonable cause to believe that defendant was guilty, at a minimum, of harassment in the second degree (see Penal Law § 240.26). Contrary to defendant's contention, her intent to "harass, annoy or alarm another person" was readily inferable from allegations that she "slap[ped]" the complainant "about the face with an open hand causing redness and lacerations to his face" (see People v Hernandez, 123 AD3d 615 [2014], lv denied 25 NY3d 1165 [2015]).

In any event, the only relief defendant requests is a dismissal of the accusatory instrument, and she expressly requests that this Court affirm her conviction if it does not grant a dismissal. Since dismissal is not warranted, we affirm on this basis as well (see People v Conceicao, 26 NY3d 375, 385 n [2015]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur

Decision Date: November 11, 2024