People v. Martin

2017 NY Slip Op 8451, 155 A.D.3d 589, 63 N.Y.S.3d 852

Opinion

Judgment, Supreme Court, New York County (Tandra L. Dawson, J.), rendered July 13, 2016, convicting defendant, upon his plea of guilty, of menacing in the second degree, and sentencing him to a term of seven months, unanimously affirmed.

The accusatory instrument was jurisdictionally sound because it contained nonconclusory factual allegations that, if assumed to be true, established each element of second-degree menacing and provided reasonable cause to believe that defendant committed that crime (see People v Jackson, 18 NY3d 738 [2012]; People v Dreyden, 15 NY3d 100 [2010]). The fact that the firsthand account contained in the victim’s supporting deposition corrected some minor inaccuracies contained in a detective’s secondhand supporting deposition did not create any jurisdictional defect.

Concur—Renwick, J.P., Manzanet-Daniels, Mazzarelli, Kahn and Moulton, JJ.