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16-162. THE PEOPLE, res, v. SOPHIA ZAGAGOZA, def-app — Judgment of conviction, (Abena Darkeh, J.), rendered September 17, 2015, affirmed.

Since defendant waived prosecution by information, the accusatory instrument only had to satisfy the reasonable cause requirement of a misdemeanor complaint (see People v. Dumay, 23 NY3d 518, 522 [2014]). So viewed, the accusatory instrument was legally sufficient to charge defendant with criminal trespass in the third degree (see Penal Law §140.10[a]). Giving the complaint “a fair and not overly restrictive or technical reading” (People v. Casey, 95 NY2d 354, 360 [2000]), we find “as a matter of common sense and reasonable pleading” (People v. Davis, 13 NY3d 17, 31 [2009]), that it adequately alleged that the property upon which defendant trespassed — “a catwalk inside the subway tunnel, which is not part of the passenger platform” — was “fenced or otherwise enclosed in a manner designed to exclude intruders” (Penal Law §140.10[a]; see generally People v. Rodriguez, 159 AD2d 201 [1990], lv denied 76 NY2d 742 [1990]; cf. People v. Moore, 5 NY3d 725 [2005] [no allegation that public building on college campus was fenced or otherwise enclosed]).

 
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