Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Robert M. Mandelbaum, J.), rendered December 17, 2008, convicting him, upon his plea of guilty, of attempted assault in the third degree, and imposing sentence.

Per Curiam.

Judgment of conviction (Robert M. Mandelbaum, J.), rendered December 17, 2008, affirmed.

The misdemeanor information sufficiently set forth the factual basis of the underlying attempted assault charge by alleging, inter alia, that defendant, with the requisite intent, attempted to strike the arresting police officer with a "closed fist" by "dr[awing his] arm back and then propell[ing] it toward [the officer]," and that the officer prevented defendant from reaching into his back right pants pocket, from which a kitchen knife with a five-inch blade was recovered. 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 and a prima facie case that defendant committed the charged offense (see generally People v Kalin, 12 NY3d 225 [2009]). Upon a threshold, pleading-stage inquiry, the sworn police allegations were sufficient to support a finding that defendant acted with the intent to cause the arresting officer physical injury (see generally People v Bracey, 41 NY2d 296 [1977]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: April 17, 2012