The People of the State of New York, Respondent, v. Elliot Parrilla, Defendant–Appellant.

Reset A A Font size: Print

Supreme Court, Appellate Division, First Department.

The People of the State of New York, Respondent, v. Elliot Parrilla, Defendant–Appellant.

2550

Decided: December 29, 2016

Acosta, J.P., Renwick, Andrias, Saxe, Gische, JJ. Center for Appellate Litigation, New York (Robert S. Dean of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Stephen J. Kress of counsel), for respondent.

_

Judgment, Supreme Court, New York County (Neil E. Ross, J.), rendered March 30, 2015, convicting defendant, upon his plea of guilty, of aggravated family offense, and sentencing him, as a second felony offender, to a term of 11/212 to 3 years, unanimously affirmed.

The indictment was not jurisdictionally defective.  “The incorporation by specific reference to the statute” of the charged crime “operates without more to constitute allegations of all the elements of the crime” (People v. Cohen, 52 N.Y.2d 584, 586 [1981];  see also People v. D'Angelo, 98 N.Y.2d 733, 735 [2002];  People v. Downs, 26 AD3d 525, 526 [3d Dept 2006], lv denied 6 NY3d 847 [2006] ).  Here, the indictment unmistakably identified the “specified offense” (Penal Law § 240.75) defendant was alleged to have committed by stating its definition, albeit without identifying it by section number.  There was no nonwaivable defect, and by his plea of guilty, defendant waived any nonjurisdictional claim that the indictment failed to include sufficient allegations to provide him with notice of the charges (see People v. Iannone, 45 N.Y.2d 589, 600–601 [1978] ).

_

CLERK