PEOPLE v. MARTINEZ (2020)

Supreme Court, Appellate Term, New York,

The PEOPLE of the State of New York, Respondent, v. Cesar MARTINEZ, Defendant-Appellant.

570058 /16

Decided: March 10, 2020

PRESENT: Shulman, P.J., Edmead, Torres, JJ.

Judgment of conviction (Mary V. Rosado, J.), rendered October 30, 2015, affirmed.

The misdemeanor information was not jurisdictionally defective. Allegations that defendant removed two bottles of cologne from a display shelf inside a specified Marshalls store, “place[d] the items inside a bag that was on [his] person,” and then “walk[ed] past the registers and out of said location without paying for” the items, were nonconclusory and legally sufficient to charge defendant with petit larceny (see Penal Law § 155.25; People v. Livingston, 150 AD3d 448 [2017], lv denied 29 NY3d 1093 [2017]; People v. Chkhartishvil, 46 Misc 3d 148[A], 2015 NY Slip Op 50240[U] [App Term, 1st Dept 2015], lv denied 25 NY3d 1070 [2015]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

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