| People v Ruiz |
| 2017 NY Slip Op 00022 [146 AD3d 417] |
| January 3, 2017 |
| Appellate Division, First Department |
[*1]
| The People of the State of New York,Respondent, v Randy U. Ruiz, Also Known as Vladimir Ruiz,Appellant. |
Seymour W. James, Jr., The Legal Aid Society, New York (Adrienne M. Gantt ofcounsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Dmitriy Povazhuk of counsel), forrespondent.
Judgments, Supreme Court, Bronx County (Ann M. Donnelly, J.), rendered February28, 2012, convicting defendant, upon his pleas of guilty, of two counts of makinggraffiti, and sentencing him to an aggregate term of a conditional discharge with 15 daysof community service, unanimously affirmed.
The informations were facially sufficient because they established by direct andcircumstantial nonhearsay evidence every element of the offense of making graffiti(see CPL 100.40 [1]; People v Kalin, 12 NY3d 225 [2009]; People vBorrero, 26 NY2d 430 [1970]). The factual allegations gave defendant enoughnotice to prepare a defense and were sufficiently detailed to prevent him from being triedtwice for the same offenses (see People v Casey, 95 NY2d 354 [2000]).
Defendant is not aggrieved by alleged defects in charges of which he was notconvicted. Concur—Saxe, J.P., Moskowitz, Gische, Kahn and Gesmer, JJ.