People v. Pierre (Rodney)
This text of 77 Misc. 3d 136(A) (People v. Pierre (Rodney)) 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 Pierre (2023 NY Slip Op 50040(U)) [*1]
| People v Pierre (Rodney) |
| 2023 NY Slip Op 50040(U) [77 Misc 3d 136(A)] |
| Decided on January 17, 2023 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 17, 2023
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Hagler, P.J., Brigantti, Michael, JJ.
570477/17
against
Rodney Pierre, Defendant-Appellant.
Defendant appeals from a judgment of the Criminal Court of the City of New York, Bronx County (David J. Kirschner, J.), rendered June 7, 2017, convicting him, upon a plea of guilty, of sexual abuse in the third degree, and imposing sentence.
Per Curiam.
Judgment of conviction (David J. Kirschner, J.), rendered June 7, 2017, affirmed.
In view of defendant's knowing waiver of the right to prosecution by information, the facial sufficiency of the accusatory instrument must be assessed under the standard required of a misdemeanor complaint (see People v Dumay, 23 NY3d 518, 522 [2014]). Here, the misdemeanor complaint supplied defendant with sufficient notice of the charged crime, i.e. sexual abuse in the third degree (see Penal Law § 130.55), to satisfy the demands of due process and double jeopardy (see e.g. People v Kasse, 22 NY3d 1142 [2014]). The pleaded facts - including the description of the conduct observed by the victim and a witness on the subway train, defendant's admission to police that he "did masterbate on a Hispanic woman on the train" on the date in question, and the recovery of defendant's semen from the pants of the victim, as confirmed by DNA testing - provide reasonable cause to believe that defendant subjected another person to sexual contact without the latter's consent (see Penal Law §§ 130.00[3], 130.55).
All concur
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Clerk of the CourtDecision Date: January 17, 2023
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77 Misc. 3d 136(A), 2023 NY Slip Op 50040(U), Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-pierre-rodney-nyappterm-2023.