People v. Darby (Gregory)
This text of 2025 NY Slip Op 50033(U) (People v. Darby (Gregory)) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
| People v Darby (Gregory) |
| 2025 NY Slip Op 50033(U) |
| Decided on January 16, 2025 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 16, 2025
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Hagler, P.J, Brigantti, Tisch, JJ.
570246/19
against
Gregory Darby, Defendant-Appellant.
Defendant appeals from a judgment of the Criminal Court of the City of New York, Bronx County (Tara A. Collins, J.), rendered March 26, 2019, convicting him, upon a plea of guilty, of driving while intoxicated, and imposing sentence.
Per Curiam.
Judgment of conviction (Tara A. Collins, J.), rendered March 26, 2019, affirmed.
Since defendant waived prosecution by information, the accusatory instrument is assessed under the reasonable cause standard applicable to a misdemeanor complaint (see People v Dumay, 23 NY3d 518, 522 [2014]). So viewed, the instrument charging various Vehicle & Traffic Law offenses, including driving while intoxicated (see Vehicle & Traffic Law § 1192[2]), was jurisdictionally valid. Contrary to defendant's contention, the operation element of the offenses was satisfied by allegations that defendant was seated behind the steering wheel of the vehicle that was stopped in the middle of the one traffic lane, with the engine running; defendant, who was asleep, was the sole occupant; the driver's side door was open, and a substance that appeared to be vomit was on the ground outside the door (see People v Alamo, 34 NY2d 453, 458-459 [1974]; People v Almanzar, 113 AD3d 527 [2014], lv denied 23 NY3d 1059 [2014]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur I concur I concurDecision Date: January 16, 2025
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