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THE PEOPLE, res, v. JARIO VARGAS, def-app

12-139. THE PEOPLE, res, v. JARIO VARGAS, def-app — Judgment of conviction (Abraham L. Clott, J.), rendered May 2, 2011, affirmed.

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12-139. THE PEOPLE, res, v. JARIO VARGAS, def-app — Judgment of conviction (Abraham L. Clott, J.), rendered May 2, 2011, affirmed.

The accusatory instrument was not jurisdictionally defective. Giving the misdemeanor information “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 was legally sufficient to charge defendant with violating Vehicle and Traffic Law §1192(4). The arresting officer alleged that defendant operated a motor vehicle; that he had bloodshot, watery eyes and a strong odor of marijuana on his breath, clothing and vehicle; he admitted to the officer that he “smoked threequarters of a blunt”; and a bag of marijuana was recovered from inside the vehicle (see People v. Drouin, 115 AD3d 1153, 1154 [2014], lv denied 23 NY3d 1019 [2014]; Property Clerk of N.Y. City Police Dept. v. Lizziano, 302 AD2d 235, 236 [2003]; see also People v. Cruz, 48 NY2d 419 [1979]. There was no requirement that the information also contain an allegation of erratic driving (see generally People v. Fiumara, 116 AD3d 421 [2014], lv denied 23 NY3d 1036 [2014]).

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