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THE PEOPLE, res v. JASON CARTER, def-app

13-308. THE PEOPLE, res v. JASON CARTER, def-app — Judgment of conviction (Marc J. Whiten, J.), rendered December 5, 2012, affirmed.

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13-308. THE PEOPLE, res v. JASON CARTER, def-app — Judgment of conviction (Marc J. Whiten, J.), rendered December 5, 2012, affirmed.

In view of the defendant’s knowing waiver of his 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 [2014]). So viewed, the accusatory instrument was jurisdictionally valid because it described facts of an evidentiary nature establishing reasonable cause to believe that defendant possessed an air pistol within the meaning of Administrative Code of the City of New York §10-131(b). In this connection, the factual portion of the accusatory instrument alleged, inter alia, that police recovered from defendant’s backpack “one air pistol” which the officer determined “was in fact an air pistol based on [the officer's] observation that said pistol is capable of propelling a projective by means of a spring or air, has an open barrel, and was operable at the time of its recovery from defendant.” No additional evidentiary detail was required for the People’s pleading to provide “adequate notice to enable defendant to prepare a defense and invoke his protection against double jeopardy” (People v. Kasse, 22 NY3d 1142, 1143 [2014]).

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