People v. Crisofulli
| Decision Date | 09 September 1977 |
| Citation | 91 Misc.2d 424,398 N.Y.S.2d 120 |
| Parties | The PEOPLE of the State of New York v. Nicholas CRISOFULLI, Defendant. |
| Court | New York City Court |
Robert M. Morgenthau, Dist. Atty., New York County, for the People; Steven Sarocco, New York City, of counsel.
Legal Aid Society by Ellen Schall, New York City, for defendant.
Defendant moved orally to dismiss the information against him for insufficiency pursuant to sections 100.10, 100.15 and 100.40 of the CPL. The verified facts in the information reads as follows:
"Deponent states that he observed the defendant in possession of a quantity of controlled substances to wit: one vile (sic) containing eight blue pills, and one vile (sic) containing twenty-nine purple pills."
The Public Health Law, section 3306 presents an exhaustive list of the various controlled substances. Neither "blue pills" nor "purple pills" are among those controlled substances listed.
The statements were not inculpatory. This court, after very able argument by both sides, granted the defendant's motion.
On several occasions, this court has had before it similar informations with basically the same verified facts. Therefore, it might be fruitful to clarify the court's reasoning in granting defendant's motion.
Where an information constitutes a pleading, certain requirements must be met, since no person may be punished for a crime without a formal and sufficient accusation (Albrecht v. United States, 273 U.S. 1, 47 S.Ct. 250, 71 L.Ed. 505). An information must contain sufficient facts to identify the crime of which the defendant is accused of committing, in order to inform the defendant of the charge against him (People v. Bertram, 302 N.Y. 526, 99 N.E.2d 873; People v. Grogan, 260 N.Y. 138, 183 N.E. 273; People v. Shaw, 38 Misc.2d 439, 240 N.Y.S.2d 56). This permits the defendant more adequately to prepare his defense and to prevent him from being retried for the same offense in the event of an acquittal.
The failure adequately to inform the defendant as to the charges and the acts constituting the crime cannot be alleviated by additional affidavits. The information must meet the tests above (see People v. Pullman, 3 Misc.2d 188, 148 N.Y.S.2d 258).
The information is the basis for the court's jurisdiction. Where the information is insufficient in law, no jurisdiction is conferred upon the court (CPL 100.05; People ex rel. Brown v. Tighe, 146 App.Div. 491, 131 N.Y.S. 693; People v. Sas, 172 Misc. 845, 16 N.Y.S.2d 380).
There are seven (7) local criminal court accusatory instruments (CPL 100.10 now has two (2) additional "informations" in subd. 2; prior to 1974 there were only five defined "informations"). The section that is pertinent is § 100.10, subd. 1. That section reads:
As Judge Denzer states in his Practice Commentary in the Criminal Procedure Law, the old Code of Criminal Procedure's definition of the word "information" was the "sparse and unsatisfactory assertion" that an information is "the allegation made to a magistrate that a person has been guilty of some designated crime".
The present Criminal Procedure Law breaks down the catchall "information" of the Code of Criminal Procedures and delineates and defines the various types as set forth in § 100.10 CPL. One of the "informations" of the Code of Criminal Procedures was the (See People ex rel. MacSherry v. Enright, 112 Misc. 568, 184 N.Y.S. 248; People v. Carrie, 122 Misc. 753, 204 N.Y.S. 759, and People v. Dailey, 67 Misc.2d 107, 323 N.Y.S.2d 523 as to the status of information under the Code of Criminal Procedure.)
Two statutes necessary to our discussion are Criminal Procedure Law §§ 100.15, 100.40.
Section 100.15 states:
"1. An information, a misdemeanor complaint and a felony complaint must each specify the name of the court with which it is filed and the title of the action, and must be subscribed and verified by a person known as the 'complainant.' The complainant may be any person having knowledge, whether personal or upon information and belief, of the commission of the offense or offenses charged. Each instrument must contain an accusatory part and a factual part. The complainant's verification of the instrument is deemed to apply only to the factual part thereof and not to the accusatory part.
2. The accusatory part of each such instrument must designate the offense or offenses charged. As in the case of an indictment, and subject to the rules of joinder applicable to indictments, two or more offenses may be charged in separate counts. Also as in the case of an indictment, such instrument may charge two or more defendants provided that all such defendants are jointly charged with every offense alleged therein.
3. The factual part of such instrument must contain a statement of the complainant alleging facts of an evidentiary character supporting or tending to support the charges. Where more than one offense is charged, the factual part should consist of a single factual account applicable to all the counts of the accusatory part. The factual allegations may be based either upon personal knowledge of the complainant or upon information and belief. Nothing contained in this section, however, limits or affects the requirement, prescribed in subdivision one of section 100.40, that in order for an information or a count thereof to be sufficient on its face, every element of the offense charged and the defendant's commission thereof must be supported by non-hearsay allegations of such information and/or any supporting depositions."
Section 100.40 states:
"1. An information, or a count thereof, is sufficient on its face when:
(a) It substantially conforms to the requirements prescribed in section 100.15; and
(b) The allegations of the factual part of the information, together with those of any supporting depositions which may accompany it, provide reasonable cause to believe that the defendant committed the offense charged in the accusatory part of the information; and (c) Non-hearsay allegations of the factual part of the information and/or of any supporting depositions establish, if true, every element of the offense charged and the defendants commission thereof.
2. A simplified information is sufficient on its face when, as provided by subdivision one of section 100.25, it substantially conforms to the requirement therefor prescribed by or pursuant to law; provided that when the filing of a supporting deposition is ordered by the court pursuant to subdivision two of said section 100.25, a failure of the complainant police officer or public servant to comply with such order renders the simplified information insufficient on its face.
3. A prosecutor's information, or a count thereof, is sufficient on its face when it substantially conforms to the requirements prescribed in section 100.35.
4. A misdemeanor complaint or a felony complaint, or a count thereof, is sufficient on its face when:
(a) It substantially conforms to the requirements prescribed in section 100.15; and
(b) The allegations of the factual part of such accusatory instrument and/or any supporting depositions which may accompany it, provide reasonable cause to believe that the defendant committed the offense charged in the accusatory part of such instrument."
The tendency, as determined by this court, has been to hold informations to a higher standard than felony and misdemeanor complaints are treated. Judge Denzer, in his commentary following § 100.40, stresses the difference.
As stated by Judge Denzer in his commentary:
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