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People v. Benjamin

Accusatory Instrument Charging Defendant of Falsely Reporting Incident Facially Sufficient

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DECISION & ORDER

*1 Appeal from a judgment of the Criminal Court of the City of New York, Queens County (Stephanie L. Zaro, J.), rendered September 10, 2015. The judgment convicted defendant, upon her plea of guilty, of falsely reporting an incident in the third degree. The appeal from the judgment of conviction brings up for review an order of that court (Donna Marie Golia, J.) dated July 16, 2014 denying defendant’s motion to dismiss the accusatory instrument. ORDERED that the judgment of conviction is affirmed.Defendant was charged with falsely reporting an incident in the third degree (Penal Law §240.50 [3]). The accusatory instrument alleged the following:“Police Officer Crystal Zelada of the 113th Precinct…being duly sworn, deposes and says that on or about January 19, 2014, between 3:05 p.m. and 3:15 p.m., in front of 110-08 172 Street, County of Queens, State of New York, the defendant committed the [offense] of [Penal Law §] 215.50-3 [sic] falsely reporting an incident in the third degree…knowing the information reported, conveyed or circulated to be false or baseless, [the defendant] gratuitously

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