The People of the State of New York, Respondent, v. Rodney Pierre, Defendant-Appellant. (2023)

Per Curiam.

Judgment of conviction (David J. Kirschner, J.), rendered June 7, 2017, affirmed.

In view of defendant's knowing waiver of the right to prosecution by information, the facial sufficiency of the accusatory instrument must be assessed under the standard required of a misdemeanor complaint (see People v Dumay, 23 NY3d 518, 522 [2014]). Here, the misdemeanor complaint supplied defendant with sufficient notice of the charged crime, i.e. sexual abuse in the third degree (see Penal Law § 130.55), to satisfy the demands of due process and double jeopardy (see e.g. People v Kasse, 22 NY3d 1142 [2014]). The pleaded facts - including the description of the conduct observed by the victim and a witness on the subway train, defendant's admission to police that he "did masterbate on a Hispanic woman on the train" on the date in question, and the recovery of defendant's semen from the pants of the victim, as confirmed by DNA testing - provide reasonable cause to believe that defendant subjected another person to sexual contact without the latter's consent (see Penal Law §§ 130.00[3], 130.55).

All concur

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Clerk of the Court

Decision Date: January 17, 2023