APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
December 16, 2010
THE PEOPLE OF THE STATE OF NEW YORK,
Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Marc Whiten, J.), rendered October 27, 2008, convicting him, upon a plea of guilty, of disorderly conduct, and imposing sentence.
People v Valentino (Joseph)
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.
Decided on December 16, 2010
PRESENT: Schoenfeld, J.P., Shulman, Hunter, Jr., JJ
Judgment of conviction (Marc Whiten, J.), rendered October 27, 2008, affirmed.
We find unavailing defendant's challenge to the facial sufficiency of the underlying information. The allegations that defendant was driving a vehicle "which had a Federal Law Enforcement vehicle identification permit openly displayed on its dashboard" that referred to an agency "that does not exist," were sufficient, for pleading purposes (see generally People v Kalin, 12 NY3d 225 ), to establish both reasonable cause to believe defendant committed third-degree criminal possession of a forged instrument and a prima facie case of defendant's commission of that offense (see Penal Law 170.20; People v Martell, 91 NY2d 782 ; People v Makwana, 17 Misc 3d 296 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: December 16, 2010
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