People v. Sanson, 2016–1865 Q CR

Citation59 Misc.3d 4,71 N.Y.S.3d 797
Decision Date02 February 2018
Docket Number2016–1865 Q CR
Parties The PEOPLE of the State of New York, Appellant, v. Isaac SANSON, Respondent.
CourtNew York Supreme Court — Appellate Term

59 Misc.3d 4
71 N.Y.S.3d 797

The PEOPLE of the State of New York, Appellant,
v.
Isaac SANSON, Respondent.

2016–1865 Q CR

Supreme Court, Appellate Term, New York.

Decided on February 2, 2018


Queens County District Attorney (Robert J. Masters, Joseph N. Ferdenzi and Edward D. Saslaw of counsel), for appellant. New York City Legal Aid Society (Elizabeth L. Isaacs of counsel), for respondent.

Corporation Counsel of the City of New York (Richard Dearing, Devin Slack and Benjamin Welikson of counsel), for amicus curiae City of New York.

Armienti, Debellis, Guglielmo & Rhoden, LLP (Thomas J. Reape of counsel), for amicus curiae Hao Quan Ye.

PRESENT: MICHELLE WESTON, J.P., THOMAS P. ALIOTTA, DAVID ELLIOT, JJ

Appeal from an order of the Criminal Court of the City of New York, Queens County (Gia L. Morris, J.; op 52 Misc.3d 980, 33 N.Y.S.3d 883 [2016] ), dated June 24, 2016. The order granted defendant's motion to dismiss the accusatory instrument.

59 Misc.3d 5

ORDERED that the order is affirmed.

Defendant was charged in an information with violating Administrative Code of the City of New York § 19–190 (b). Defendant moved to dismiss the information on the grounds that it is facially insufficient, that his statutory right to a speedy trial has been violated, and that Administrative Code § 19–190 (b) is unconstitutional. The People and the Office of the Corporation Counsel of the City of New York submitted written opposition to the motion. By order dated June 24, 2016, the Criminal Court granted the branch of defendant's motion seeking to dismiss on the ground that Administrative Code § 19–190 (b) is unconstitutional (op 52 Misc.3d 980, 33 N.Y.S.3d 883 [2016] ). We affirm, albeit on other grounds.

"Under established principles of judicial restraint ... courts should not address constitutional issues when a decision can be reached on other grounds" (Matter of Syquia v. Board of Educ. of Harpursville Cent. School Dist. , 80 N.Y.2d 531, 535, 591 N.Y.S.2d 996, 606 N.E.2d 1387 [1992] ;

59 Misc.3d 6

see also Matter of Beach v. Shanley, 62 N.Y.2d 241, 254, 476 N.Y.S.2d 765, 465 N.E.2d 304 [1984]; People v. Curcio , 39 Misc.3d 127[A], 2013 N.Y. Slip Op. 50411[U], 2013 WL 1234860, *4 [App. Term, 2d Dept. 2d, 11th & 13th Jud. Dists. 2013] ). Consequently, we first address the branch of defendant's motion seeking to dismiss the accusatory instrument on the ground that it is facially insufficient.

An information is facially sufficient if it (and/or any supporting depositions accompanying it) alleges nonhearsay allegations of fact of an evidentiary character that establish, if true, every element of the offense charged (see CPL 100.15 [3 ]; 100.40 [1] [c]; People v. Dumas , 68 N.Y.2d 729, 731, 506 N.Y.S.2d 319, 497 N.E.2d 686 [1986] ). These requirements are jurisdictional (see People v. Kalin , 12 N.Y.3d 225, 878 N.Y.S.2d 653, 906 N.E.2d 381 [2009] ; People v. Casey , 95 N.Y.2d 354, 717 N.Y.S.2d 88, 740 N.E.2d 233 [2000] ; People v. Alejandro , 70 N.Y.2d 133, 517 N.Y.S.2d 927, 511 N.E.2d 71 [1987] ; People v. Dumas , 68 N.Y.2d at 731, 506 N.Y.S.2d 319, 497 N.E.2d 686 ), and the failure to meet these requirements may be asserted at any time, with the exception of a claim of hearsay which is waived under circumstances not applicable here (see People v. Keizer , 100 N.Y.2d 114, 760 N.Y.S.2d 720, 790 N.E.2d 1149 [2003] ; People v. Casey , 95 N.Y.2d 354, 717 N.Y.S.2d 88, 740 N.E.2d 233 ). The law does not require that an information contain the most precise words or phrases which most clearly express the thought; rather, " ‘[s]o long as the factual allegations of an information give an accused notice sufficient to prepare a defense and are adequately detailed to prevent a defendant from being tried twice for the same offense, they should be given a fair and not overly restrictive or technical reading’ " ( People v. Konieczny , 2 N.Y.3d 569, 575, 780 N.Y.S.2d 546, 813 N.E.2d 626 [2004], quoting People v. Casey , 95 N.Y.2d at 360, 717 N.Y.S.2d 88, 740 N.E.2d 233 ). An "information that is facially insufficient is jurisdictionally defective and must be dismissed" ( People v. Sumter , 151 A.D.3d 556, 557, 58 N.Y.S.3d 304 [2017] ; see also People v. Jones , 9 N.Y.3d 259, 263, 848 N.Y.S.2d 600, 878 N.E.2d 1016 [2007] ).

Administrative Code § 19–190, "Right of way," provides as follows:

"a. Except as provided in subdivision b of this section, any driver of a motor vehicle who fails to yield to a pedestrian or person riding a bicycle when such pedestrian or person has the right of way shall be guilty of a traffic infraction, which shall be punishable by a fine of not more than fifty dollars or imprisonment for not more than fifteen days or both such fine and imprisonment. In addition to or as an alternative to such penalty, such driver shall be subject to a
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    • United States
    • New York Supreme Court — Appellate Term
    • 20 d4 Dezembro d4 2018
    ...CPL 100.15 [3 ]; 100.40 [1]; 100.20; People v. Dumas , 68 N.Y.2d 729, 731, 506 N.Y.S.2d 319, 497 N.E.2d 686 [1986] ; People v. Sanson , 59 Misc. 3d 4, 6, 71 N.Y.S.3d 797 [App. Term, 2d Dept., 2d, 11th & 13th Jud. Dists. 2018] ), are that, shortly after 4:00 a.m. on September 19, 2013, defen......
  • People v. Hart, CR-2182-19
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    • 23 d1 Dezembro d1 2019
    ...N.E.2d 626 (2004), quoting, People v. Casey , 95 N.Y.2d 354, 360, 717 N.Y.S.2d 88, 740 N.E.2d 233 (2000) ; People v. Sanson , 59 Misc. 3d 4, 6, 71 N.Y.S.3d 797 (App. Term 2018), lv to appeal denied , 31 N.Y.3d 1086, 79 N.Y.S.3d 108, 103 N.E.3d 1255 (2018). The requirement of non-hearsay fac......
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    • 30 d1 Novembro d1 2020
    ...3d 39, 41, 784 N.Y.S.2d 270 [App. Term, 1st Dept. 2004] ; McKinney's Cons Laws of NY, Book 1, Statutes §§ 211, 213; cf. People v. Sanson , 59 Misc. 3d 4, 71 N.Y.S.3d 797, [App. Term, 2d Dept., 2d, 11th & 13th Jud. Dists. 2018], lv denied 31 N.Y.3d 1086, 79 N.Y.S.3d 108, 103 N.E.3d 1255 [201......
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