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

Supreme Court, Appellate Term, New York,

The People of the State of New York, Respondent, v. Jose Morillo, Defendant-Appellant.

570602 /19

Decided: November 13, 2024

PRESENT: Tisch, J.P., James, Perez, JJ.

Per Curiam.

Judgment of conviction (Marisol Martinez Alonso, J.), rendered April 16, 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 was jurisdictionally valid. Sworn police allegations that the defendant was observed "operating a car, in that the keyless ignition was engaged, the engine was running and the defendant was behind the wheel" at the "northeast corner of 10th Avenue and West 14th Street" in New York County, satisfied the operation element of the charged Vehicle and Traffic Law offenses (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.

I concur I concur I concur

Decision Date: November 13, 2024

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