| People v Ballas (Henri) |
| 2008 NY Slip Op 51262(U) [20 Misc 3d 127(A)] |
| Decided on June 25, 2008 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 of the City of New York, New York County (Larry R.C. Stephen, J.), rendered
September 11, 2005, after a jury trial, convicting him of two counts of forcible touching, and
imposing sentence.
PER CURIAM.
Judgment of conviction (Larry R.C. Stephen, J.), rendered September 11, 2005, affirmed.
We find unavailing defendant's present challenge to the validity of the prosecutor's information upon which he was convicted, since each element of the additional forcible touching counts set forth therein was supported by the factual allegations of the original information it superseded (see People v Inserra, 4 NY3d 30 [2004]). The statements contained in the original information concerning the nature and (narrow) time frame of the defendant's unwanted sexual touching "gave the defendant sufficient notice of the conduct at the base of the People's prosecution" (id. at 33; see also People v Keindl, 68 NY2d 410, 417 [1986]), and the prosecutor's information did not impermissibly alter the substance of those allegations.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: June 25, 2008