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People v Martinez (Ricardo)
2009 NY Slip Op 50138(U) [22 Misc 3d 131(A)]
Decided on January 29, 2009
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This opinion is uncorrected and will not be published in the printed Official Reports.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 January 29, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ
570309/06.

The People of the State of New York, Respondent,

against

Ricardo Martinez, Defendant-Appellant.


Defendant appeals from a judgment of the Criminal


Court of the City of New York, New York County (Anthony J. Ferrara, J.), rendered January 20, 2006, convicting him, upon a plea of guilty, of criminal possession of stolen property in the fifth degree, and imposing sentence.
Per Curiam.
Judgment of conviction (Anthony J. Ferrara, J.),
rendered January 20, 2006, affirmed.

We find unavailing defendant's challenge to the
facial sufficiency of the misdemeanor complaint. Allegations, inter alia, that defendant lacked permission or authority to possess the credit card issued to one Corrao that was recovered from defendant's person or the credit card issued to one Ramirez that was used to purchase the Metrocards recovered from defendant's person, were sufficient to establish "reasonable cause" (CPL 100.40[4][b]) to believe that defendant committed the fifth-degree criminal possession of stolen property count charged (see generally People v Garcia, 290 AD2d 299 [2002], lv denied, 98 NY2d 730 [2002]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: January 29, 2009