PEOPLE v. HENSON (2020)

Judgment of conviction (Laurie Peterson, J.), rendered October 2, 2015, affirmed.

Since defendant waived prosecution by information, the accusatory instrument had to satisfy the reasonable cause standard applicable to a misdemeanor complaint (see People v. Dumay, 23 N.Y.3d 518, 524 [2014]). So viewed, the accusatory instrument was jurisdictionally valid, since it provided reasonable cause to believe that defendant was guilty of endangering the welfare of a child (see Penal Law § 260.10[1]). The instrument alleged that on August 20, 2015, at about 3:40 p.m., at a specified location that was “approximately 50 feet away from a park in which approximately five children were playing,” defendant was observed masturbating while “facing the children,” with his pants at his ankles and penis exposed, “moving his hand back and forth on his erect penis” (see People v. Johnson, 95 N.Y.2d 368, 372 [2000]; see also People v. Perez, 35 N.Y.3d 85, 97-98 [2020]). These factual allegations were sufficient for pleading purposes since they provided adequate notice to enable defendant to prepare a defense and invoke his protection against double jeopardy (see People v. Kasse, 22 N.Y.3d 1142, 1143 [2014]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.