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People v Townsend (Kevin)
2008 NY Slip Op 52150(U) [21 Misc 3d 132(A)]
Decided on October 29, 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This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on October 29, 2008
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKeon, P.J., Davis, Heitler, JJ
570336/06.

The People of the State of New York, Respondent,

against

Kevin Townsend, Defendant-Appellant


Defendant appeals from a judgment of the Criminal


Court of the City of New York, New York County (Tanya Kennedy, J.), rendered May 11, 2006, convicting him, upon a plea of guilty, of menacing in the third degree and resisting arrest, and imposing sentence.
PER CURIAM.

Judgment of conviction (Tanya Kennedy, J.), rendered May ll, 2006, affirmed.

We find unavailing defendant's challenge to the facial sufficiency of the misdemeanor complaint. Allegations, inter alia, that defendant and a co-defendant stood on either side of and "repeatedly push[ed]" one of the victims after the co-defendant threatened to "blow ... up" the restaurant, were sufficient to establish "reasonable cause" (CPL 100.40[4][b]) to believe that defendant committed the third-degree menacing count charged (see generally Matter of Pedro H., 308 AD2d 374 [2003]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: October 29, 2008