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THE PEOPLE, res, v. DARRIN HOLLOWAY, def-app

16-144. THE PEOPLE, res, v. DARRIN HOLLOWAY, def-app — Judgment of conviction (Arlene D. Goldberg, J., at plea; Melissa A. Crane, J., at plea withdrawal motion and sentencing), rendered July 21, 2015, affirmed.

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16-144. THE PEOPLE, res, v. DARRIN HOLLOWAY, def-app — Judgment of conviction (Arlene D. Goldberg, J., at plea; Melissa A. Crane, J., at plea withdrawal motion and sentencing), rendered July 21, 2015, affirmed.

In the absence of any indication in the plea colloquy that defendant was informed of his right to be prosecuted on an information and knowingly waived that right, the accusatory instrument must be treated as an information for purposes of assessing its facial sufficiency (see People v. Kalin, 12 NY3d 225, 228 [2009]). So viewed, the information charging defendant with operating a motor vehicle while under the influence of alcohol (see Vehicle and Traffic Law §1192[3]) was not jurisdictionally defective. Allegations that defendant was behind the wheel of a car with its engine running satisfied the operation element of the offense (see People v. Alamo, 34 NY2d 453, 458-459 [1974]; People v. Almanzar, 113 AD3d 527 [2014], lv denied 23 NY3d 1059 [2014]).

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