Rodriguez, state that on 4/16/09 at 23:00, in the County of _, of the State of New York, the following did occur: The translation reads (in relevant part): The People also served and filed a copy of the complainant’s Statement of Allegations section of the DIR - written in Spanish - along a certified translation done by Sandra Graves of the District Attorney’s Spanish Language unit. Deponent is further informed that as a result of defendants above mentioned conduct, informant sustained bruises and swelling to informant’s face and substantial pain to informant’s head. Deponent is further informed that informant then observed defendant grab informant’s hair with defendants hands and pull informant’s hair, thereby making informantįall onto informant’s bed. Specifically, it alleges that:ĭeponent states that deponent is informed by Maria Rodriguez, of an address known to the District Attorney’s Office, that while informant was talking on the telephone, informant observed the defendant grab said telephone from informant’s face, causing informant to receive swelling and a bruise on informant’s face. The accusatory instrument filed in this case alleges that on Apat 11:00 p.m., inside 373 East 8th Street, Apartment 1C in New York County, the defendant intentionally caused physical injury to another person. The People have not filed papers in opposition to this motion. Specifically, the criminal defendant argues that the Domestic Incident Report (“DIR”) that was signed by the complainant and that the People filed with the court does not sufficiently corroborate the allegations contained in the factual portion of the misdemeanor complaint. CPL § 100.40(1)(c) The defendant claims that this third requirement has not been satisfied in that the accusatory instrument still contains uncorroborated hearsay allegations. CPL § 170.40 Additionally, an information must contain, either in the body of the complaint or in a supporting deposition, non-hearsay allegations that establish, if true, every element of the offense charged. For the reasons stated herein, the defendant’s motion is denied.īoth a misdemeanor complaint and an information must comply with the form requirements of CPL § 100.15 and must contain, either in the body of the complaint or in combination with a supporting deposition, factual allegations that provide reasonable cause to believe that the defendant committed the offenses charged. The defendant moves to have the accusatory instrument deemed an unconverted misdemeanor complaint. The defendant’s omnibus motion is decided as follows: The defendant is charged with one count of Assault in the Third Degree.ĭefendant, in an omnibus motion, seeks: (1) an order deeming the accusatory instrument filed in this case to be a misdemeanor complaint (2) a Dunaway/Huntley Hearing (3) an Order Precluding Statement and Identification Evidence (4) a Sandoval Hearing (5) an Order to Compel a Bill of Particulars and Discovery, and (6) Reservation of Rights. Criminal Court of the City of New York, New York County.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |