People v. Drexler, 2021-51150

CourtNew York Justice Court
Writing for the CourtThomas J. DiSalvo, J.
PartiesThe People of the State of New York v. Kyle T. Drexler, Defendant.
Docket Number2021-51150
Decision Date09 December 2021

The People of the State of New York

Kyle T. Drexler, Defendant.

No. 2021-51150

Justice Court of the Town of Webster, Monroe County

December 9, 2021

Unpublished Opinion

Case No. 20110109

Sandra Doorley, District Attorney, Monroe County (Jacqueline Moyer, of Counsel), for plaintiff.

Timothy P. Donaher, Public Defender, Monroe County (Francis Strazzeri), of Counsel), for defendant.

Thomas J. DiSalvo, J.

Facts of the Case.

The defendant was charged with petit larceny in violation of P.L. § 155.25 on October 12, 2020. It was alleged in the complaint by Officer Frate of the Webster Police Department that the defendant

"... did enter a 2018 Jeep Cherokee... owned by Kent J Scott... and took several items without permission to do so When the defendant entered Kent J. Scott's Vehicle, he took a Roblox gift card with $30.00 on it, a pair of Oakley Sunglasses valued at $200.00, a bottle of Diddy Unforgivable Cologne valued at $50.00 and $50.00 in cash/change. The total value of the items the defendant took was $330.00."

Attached to the complaint was a supporting deposition, affirmed under penalty of perjury, by the victim of the theft, making the accusatory instrument an information, wherein it stated in pertinent part as follows:

"I Kent J. Scott... work at Costanzas Meats.... On October 12th 2020 around 2:16 P.M. our CCTV footage showed a white Volkswagen Passat owned by a male named Kyle T Drexler... pull into the parking lot of the store. The video then shows Kyle exit the vehicle and begin walking around the building checking all the entrances of the store for unlocked doors and looking into the windows. After he found no doors open he checked our delivery truck to see if than was unlocked. Kyle then checked all of the employees cars to see if they were unlocked. When Kyle got to my car, a Jeep Cherokee..., he was able to make entry and stole multiple items. [1]
... I do not know who Kyle is and have never met him before."

The defense attorney filed omnibus motions, wherein, among other forms of relief, requested that the accusatory instrument charging the defendant with petit larceny be dismissed on the ground that it was facially insufficient, pursuant of CPL §§ 170.30 (1) (a), 170.35(1)(a), 100.40(1)(b) and 100.40(1) (c).

Legal Analysis

The basis of defense counsel's argument is that the accusatory instrument, which is an information fails to contain non-hearsay...

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