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People v Morillo (Jose)
2024 NY Slip Op 51675(U)
Decided on November 13, 2024
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This opinion is uncorrected and will not be published in the printed Official Reports.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 November 13, 2024
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Tisch, J.P., James, Perez, JJ.
570602/19

The People of the State of New York, Respondent,

against

Jose Morillo, Defendant-Appellant.


Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Marisol Martinez Alonso, J.), rendered April 16, 2019, convicting him, upon his plea of guilty, of driving while impaired by alcohol and unlicensed driving, and imposing sentence.

Per Curiam.

Judgment of conviction (Marisol Martinez Alonso, J.), rendered April 16, 2019, affirmed.

Since defendant waived prosecution by information, the accusatory instrument is assessed under the reasonable cause standard applicable to a misdemeanor complaint (see People v Dumay, 23 NY3d 518, 522 [2014]). So viewed, the instrument was jurisdictionally valid. Sworn police allegations that the defendant was observed "operating a car, in that the keyless ignition was engaged, the engine was running and the defendant was behind the wheel" at the "northeast corner of 10th Avenue and West 14th Street" in New York County, satisfied the operation element of the charged Vehicle and Traffic Law offenses (see People v Alamo, 34 NY2d 453, 458-459 [1974]; People v Almanzar, 113 AD3d 527 [2014], lv denied 23 NY3d 1059 [2014]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: November 13, 2024