People v. Riley

267 A.D.2d 1072, 700 N.Y.S.2d 910, 1999 N.Y. App. Div. LEXIS 13885

Opinion

—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting her, inter alia, of forgery in the second degree (Penal Law § 170.10 [2]) and criminal impersonation in the second degree (Penal Law § 190.25 [1]). Contrary to defendant’s contention, those counts are jurisdictionally sufficient. They refer to the statutes by name and section and allege each element of the offenses and defendant’s commission thereof, tracking the language of the statutes (see, People v Cohen, 52 NY2d 584, 586; People v Sledge, 223 AD2d 922, 923, lv denied 88 NY2d 854; People v Gerber, 182 AD2d 252, 266-267, lv denied 80 NY2d 1026). The further contention that those counts are deficient because they fail to meet the requirements of CPL 200.50 was waived by defendant’s guilty plea (see, People v Cohen, supra, at 587; see also, People v Iannone, 45 NY2d 589, 600-601). (Appeal from Judgment of Ontario County Court, Henry, Jr., J. — Forgery, 2nd Degree.) Present — Green, J. P., Hayes, Scudder and Balio, JJ.