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People v. Valentino

Appellate Term of the Supreme Court of New York, First Department
Dec 16, 2010
2010 N.Y. Slip Op. 52180 (N.Y. App. Term 2010)

Opinion

570403/09.

Decided December 16, 2010.

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.

Judgment of conviction (Marc Whiten, J.), rendered October 27, 2008, affirmed.

PRESENT: Schoenfeld, J.P., Shulman, Hunter, Jr., JJ.


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.

I concur


Summaries of

People v. Valentino

Appellate Term of the Supreme Court of New York, First Department
Dec 16, 2010
2010 N.Y. Slip Op. 52180 (N.Y. App. Term 2010)
Case details for

People v. Valentino

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH VALENTINO…

Court:Appellate Term of the Supreme Court of New York, First Department

Date published: Dec 16, 2010

Citations

2010 N.Y. Slip Op. 52180 (N.Y. App. Term 2010)