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People v Mendoza (Julio)
2006 NY Slip Op 51764(U) [13 Misc 3d 129(A)]
Decided on September 20, 2006
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This opinion is uncorrected and will not be published in the printed Official Reports.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 September 20, 2006
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKeon, P.J., McCooe, Schoenfeld, JJ
.

The People of the State of New York, Respondent, No. 570721/04

against

Julio Mendoza, Defendant-Appellant.


Defendant appeals from a judgment of the Criminal Court, New York County (Ellen M. Coin, J.), rendered November 9, 2004, convicting him, upon a plea of guilty, of falsely reporting an incident in the third degree, and imposing sentence.


PER CURIAM:

Judgment of conviction (Ellen M. Coin, J.), rendered November 9, 2004, affirmed.

The misdemeanor information alleged, as here relevant, that at a specified date and time defendant, "knowing that the information conveyed was false," called 911 and "reported that he had been stabbed with a knife" by his ex-wife and that the ex-wife "was present...at the 104th Precinct at the time of defendant's 911 call." These allegations, "given a fair and not overly restrictive or technical reading" (People v Casey, 95 NY2d 354, 360 [2000]), were sufficient for pleading purposes to establish reasonable cause to believe and a prima facie case that defendant was guilty of falsely reporting an incident in the third degree (Penal Law § 240.50[3][a]). The absence of evidentiary detail substantiating the temporal proximity between the stabbing incident and the ex-wife's presence at the police station did not render the information jurisdictionally defective (see generally People v Allen, 92 NY2d 378, 384-385 [1998]).

This constitutes the decision and order of the court.
Decision Date: September 20, 2006