Defendant appeals from a judgment of the Criminal Court, New York County (Melissa C. Jackson, J.), rendered December 30, 2004, convicting him, upon a plea of guilty, of fraudulent accosting, and imposing sentence.

PER CURIAM:

Judgment of conviction (Melissa C. Jackson, J.), rendered December 30, 2004, affirmed.

The misdemeanor complaint sufficiently set forth the factual basis for the fraudulent accosting charge (see Penal Law § 165.30) to which defendant ultimately pleaded guilty by alleging, inter alia, that defendant, upon observing the presence of a police officer, "yelled to" a co-defendant (Jones) to "keep walking," after Jones had approached two named individuals and offered to get a cab for them in exchange for payment of $20, for which the individuals would be "reimburse[d]" by a "hotel". The complaint thus contained "facts of an evidentiary character" (CPL 100.15[3]) demonstrating "reasonable cause" to believe that defendant committed the crime charged (CPL 100.40[4][b]; see People v Farrar, 120 Misc 2d 464 [1983];
People v Mellish, 4 Misc 3d 1013[A] 2004 NY Slip Op 50869[U] [2004];cf. People v Simmons, 2 Misc 3d 728 [2003]). That the complaint seemingly charged defendant as a principal rather than as an accomplice had "no bearing on the theory of the prosecution" (People v Rivera, 84 NY2d 766, 769 [1995]), nor did it create a jurisdictional defect.
This constitutes the decision and order of the court. [*2]
I concur
Decision Date: September 29, 2006