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THE PEOPLE, res, v. FODE BANGOURA, def-app

12-286. THE PEOPLE, res, v. FODE BANGOURA, def-app — Judgment of conviction (Rita Mella, J.), rendered January 24, 2012, affirmed.

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12-286. THE PEOPLE, res, v. FODE BANGOURA, def-app — Judgment of conviction (Rita Mella, J.), rendered January 24, 2012, affirmed.

In view of defendant’s knowing waiver of his right to prosecution by information, the accusatory instrument only had to satisfy the reasonable cause requirement (see People v. Dumay, 23 NY3d 518, 522 [2014]). So viewed, the accusatory instrument was jurisdictionally valid because it described facts of an evidentiary nature establishing reasonable cause to believe the defendant was guilty of theft of services (see Penal Law §165.15[3]), the offense to which he ultimately pleaded guilty. Defendant’s intent to unlawfully obtain subway service is reasonably inferred from the surrounding circumstances of his actions (see People v. Bracey, 41 NY2d 296, 301 [1977]), including his entry into the subway system “without paying the required fare, by pulling the wheel of a turnstile backwards and slipping through” (see People v. Mann, 53 Misc 3d 128[A], 2016 NY Slip OP 51344[U] [App Term, 1st Dept 2016]; People v. Pin, 41 Misc 3d 128[A], 2013 NY Slip Op 51681[U] [App Term, 1st Dept 2013], affd on other grounds 26 NY3d 332 [2015]; see also People v. Barlow, 46 Misc 3d 148[A], 2015 NY Slip Op 50237[U] [App Term, 1st Dept 2015], lv denied 25 NY3d 1069 [2015]).

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