Opinion
No. 570215/12.
03-09-2015
The PEOPLE of the State of New York, Respondent, v. Kelvin ACEVEDO, Defendant–Appellant.
Opinion
Judgment of conviction (Richard M. Weinberg, J.), rendered January 19, 2012, affirmed.
Defendant pled guilty to one count of criminal facilitation in the fourth degree (Penal Law § 115.00 ) in satisfaction of an accusatory instrument charging him, inter alia, with criminal possession of a controlled substance in the seventh degree (Penal Law § 220.03 ). We reject defendant's sole appellate argument that the accusatory instrument is facially insufficient to support the criminal facilitation charge to which he pleaded guilty. Defendant does not dispute that he waived prosecution by information (see People v. Dumay, 23 NY3d 518 [2014] ), nor that the accusatory instrument described “facts of an evidentiary character” (CPL 100.15[3] ) demonstrating “reasonable cause” to believe (CPL 100.40[4][b] ) that he was guilty of the charged crime of criminal possession of a controlled substance in the seventh degree (Penal Law § 220.03 ). The court thus had jurisdiction over defendant and was authorized to accept defendant's plea to fourth-degree criminal facilitation, “a lesser crime not included in the accusatory instrument” (People v. Keizer, 100 N.Y.2d 114, 117–118 [2003] ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur.