PEOPLE v. DAWKINS (2020)

Judgment of conviction (Ilana J. Marcus, J.), rendered March 18, 2019, affirmed.

Since defendant waived prosecution by information, the accusatory instrument only had to satisfy the reasonable cause requirement of a misdemeanor complaint (see People v. Dumay, 23 N.Y.3d 518, 522 [2014]). So viewed, the accusatory instrument was jurisdictionally valid because it described facts of an evidentiary nature establishing reasonable cause to believe that defendant was guilty of petit larceny (see Penal Law § 155.25), the charge to which defendant ultimately pleaded guilty. A manager at a specified Duane Reade store alleged that on January 17, 2019, at about 10:30 p.m., he observed defendant remove “fourteen packages of condoms and eight vitamins” from the shelves, “conceal the items in [his] jacket” and “attempt to leave the store in possession of the property without paying for it.” The instrument further alleges that the manager recovered the merchandise from defendant. Contrary to defendant's present claim, these allegations were nonconclusory and facially sufficient to support the charged offense (see People v. Livingston, 150 AD3d 448 [2017], lv denied 29 N.Y.3d 1093 [2017]; see also People v. Olivo, 52 N.Y.3d 309, 318-319 [1981]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.