People v. Eason

PER CURIAM.

PER CURIAM.

Judgment of conviction (Kevin B. McGrath, J.), rendered November 7, 2012, affirmed.

In view of defendant's knowing waiver of his right to prosecution by information, the accusatory instrument only had to satisfy the reasonable cause requirement (see People v. Dumay, 23 N.Y.3d 518 [2014] ). So viewed, the accusatory instrument was jurisdictionally valid, since it described facts of an evidentiary nature establishing reasonable cause to believe that defendant was guilty of third-degree assault (see Penal Law § 120.00[1] ), the offense to which defendant ultimately pleaded guilty. At the pleading stage, defendant's intent to cause physical injury to the victim is fairly inferable from allegations that he “struck [the victim] about the face at least three times with a closed fist, causing bruising, swelling, redness, a laceration and substantial pain” (see Matter of Edward H., 61 A.D.3d 473, 473 [2009] ; Matter of Marcel F., 233 A.D.2d 442, 442–443 [1996] ).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur.