PEOPLE v. MARETE (2020)

Judgment of conviction (Beth Beller, J.), rendered March 5, 2019, affirmed.

The misdemeanor complaint was jurisdictionally valid because it described facts of an evidentiary nature establishing reasonable cause to believe that defendant possessed a “dangerous instrument” (see Penal Law §§ 10.00[13], 265.01[2]). The complaint recited that the victim was operating her vehicle on a public street when she observed defendant position his vehicle directly behind her and “str[ike] her vehicle multiple times.” The instrument further alleged that, after exiting their respective vehicles, defendant repeatedly assaulted the victim, while stating, “[r]emember, I'm never going to leave you alone. I will crash you again.” These allegations were sufficient to establish that the manner in which the vehicle was used qualified it as a dangerous instrument (see People v Carter, 53 NY2d 113 [1981]; People v Bryant, 13 AD3d 1170, 1171 [2004], lv denied 4 NY3d 884 [2005]). Accordingly, the complaint was sufficient to charge criminal possession of a weapon in the fourth degree.

We find no basis to reduce the negotiated sentence of a conditional discharge.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

I concur