People v. George

QUEENS COUNTY
Criminal Practice

New York Law Journal

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Judge Elisa Koenderman

George, charged with assault and other crimes, challenged the facial sufficiency of the accusatory instrument. He claimed it was defective as it failed to contain non-hearsay factual allegations establishing every element of the offenses charged, stating the complainant's signature on a supporting deposition was forged. George proffered a notarized affidavit from complainant where he swore he neither wrote nor signed the document, thus claimed the complaint could not be deemed an information. As such, he requested the matter "be put down for conversion" or dismissal under Criminal Procedure Law §30.30. The court ruled that as the alleged deficiency was a "latent defect," it did not affect the facial sufficiency of the accusatory instrument. Therefore, it noted as the non-hearsay factual allegations of the information, if true, would establish George's commission of every element of attempted assault and harassment, it denied his motion to dismiss those charges. Yet the court stated as the same allegations were insufficient to establish George's commission of every element of assault, menacing and criminal obstruction of breathing or blood circulation, it granted dismissal of the charges as facially insufficient.

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