| People v Parris (Shibon) |
| 2012 NY Slip Op 51621(U) [36 Misc 3d 145(A)] |
| Decided on August 29, 2012 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports.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, Bronx
County (Harold Adler, J.), rendered March 4, 2010, convicting her, upon a plea of guilty, of
operating a motor vehicle while under the influence of alcohol, and imposing sentence.
Per Curiam.
Judgment of conviction (Harold Adler, J.), rendered March 4, 2010, affirmed.
We find unavailing defendant's present challenge to the facial sufficiency of the accusatory
instrument charging her with three counts of operating a motor vehicle while under the influence
of alcohol (see Vehicle and Traffic Law § 1192 [1],[2],[3]). The information -
comprising the misdemeanor complaint and the arresting police officer's supporting deposition -
alleged, inter alia, that defendant was observed standing in an unsteady manner next to a grey
Chevrolet which had scratches and dents to the front right bumper; that defendant exhibited
bloodshot and watery eyes and the strong odor of alcohol on her breath; that defendant told the
arresting officer that "[she] was driving eastbound on East 242 Street and a vehicle was
approaching quickly and in order to avoid being struck, I swerved out of the way and hit the two
cars"; and that the results of defendant's breath test showed her blood alcohol level to be over
.08%. These factual allegations, "given a fair and not overly restrictive or technical reading"
(People v Casey, 95 NY2d 354, 360 [2000]), are sufficient for pleading purposes to
establish reasonable cause to believe and a prima facie case that defendant was guilty of
operating a motor vehicle under the influence of alcohol (see People v Dolan, 1 Misc 3d 32 [2003]). "[T]he absence of
allegations in the information corroborating defendant's statements that she was driving' the
vehicle did not affect the jurisdictional validity of the information" (People v Suber, 19 NY3d 247, 254
[2012]).THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.