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The People of the State of New York v. Joseph Valentino

APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT


December 16, 2010

THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT,
v.
JOSEPH VALENTINO,
DEFENDANT-APPELLANT.

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.

Per curiam.

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This opinion is uncorrected and will not be published in the printed Official Reports.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 [2009]), 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 [1998]; People v Makwana, 17 Misc 3d 296 [2007]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur

Decision Date: December 16, 2010

20101216

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