| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
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