| People v Moses |
| 2020 NY Slip Op 03152 [184 AD3d 910] |
| June 4, 2020 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York,Respondent, v Amanda L. Moses, Appellant. |
Craig Meyerson, Peru, for appellant.
Andrew J. Wylie, District Attorney, Plattsburgh (Rebecca L. Fox of counsel), forrespondent.
Reynolds Fitzgerald, J. Appeal from a judgment of the County Court of Clinton County(Bruno, J.), rendered October 23, 2017, convicting defendant upon her plea of guilty of thecrimes of robbery in the first degree and assault in the second degree.
Defendant waived indictment, pleaded guilty to a superior court information (hereinafterSCI) charging her with robbery in the first degree and assault in the second degree, and waivedher right to appeal. The charges stem from an incident on August 13, 2016 wherein defendantforcibly stole property from a victim while displaying what appeared to be a pistol, as well as aseparate incident on the same day, wherein defendant intentionally caused physical injury toanother victim using a dangerous instrument. County Court sentenced defendant, as a secondfelony offender, in accordance with the terms of the plea agreement to concurrent prison terms of10 years, followed by five years of postrelease supervision, on the robbery conviction and fiveyears, followed by five years of postrelease supervision, on the assault conviction. Defendantappeals.
Defendant contends that the waiver of indictment is jurisdictionally defective because it failsto set forth, in accordance with CPL 195.20, the approximate time that the crimes werecommitted, nor does it denote that the offenses are armed felonies as required by CPL 200.50 (7)(b). "In assessing the facial sufficiency of facts alleged as to non-elements of the crime in anaccusatory instrument, the fundamental concern is whether the defendant had reasonable noticeof the charges for double jeopardy purposes and to prepare a defense" (People v Lang, 34NY3d 545, 570 [2019]; see People v Cohen, 52 NY2d 584, 587 [1981]). Notably,defendant makes no claim that she lacked notice of the precise crimes or that such crimesconstitute armed felonies. Defendant's challenge to the omission of nonelemental factualinformation does not render the waiver of indictment jurisdictionally defective and, therefore, itis forfeited by her guilty plea (see People v Lang, 34 NY3d at 570; People v Shindler, 179 AD3d1306, 1307 [2020]; People v ElricYY., 179 AD3d 1304, 1305 [2020]; People v Harris, 117 AD2d 881, 882[1986]).
Lynch, J.P., Clark, Devine and Pritzker, JJ., concur. Ordered that the judgment isaffirmed.