32 Misc. 3d 440
City of New York Municipal Cou...2011Background
- Defendant charged with riot in the second degree under Penal Law § 240.05 in Nassau County by information alleging Aug. 1, 2010 public-manufactured fight with at least six people and a large crowd causing public alarm.
- Information states the deponent recognized Derrick D. Patten as one of the individuals involved in the described fighting.
- The information and depositions rely on a video labeled ‘Back of Pine Box Fight’ viewed by officers Curtis, Fales, and Garofalo.
- Officer Curtis testifies he observed the video but does not specify the time, date, or location of the events depicted.
- Officers Fales and Garofalo describe viewing the same video and identifying individuals, yet fail to tie the video to their own August 1, 2010 observations with precise time/date/location.
- The court grants the defendant’s motion to dismiss for facial insufficiency, ruling the information lacks sufficient linkage to the August 1, 2010 events and to the defendant.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the information facially sufficient under CPL 100.15? | Patten; information sufficient. | Patten; information facially insufficient due to inadequate factual allegations. | Facial insufficiency; information dismissed. |
| Are videotape observations by officers nonhearsay and adequate to support the charge? | Observations may be nonhearsay if based on personal viewing. | Depictions rely on hearsay via video observations; not properly foundational. | Court rejects hearsay bar to video observations but still finds insufficiency for linkage. |
| Must the depositions connect the video to the August 1, 2010 events to establish reasonable cause? | Not required to have explicit linkage for reasonable cause. | Need explicit connection between video and the observed events. | Connection required; lack of clear linkage warrants dismissal. |
Key Cases Cited
- People v. Hall, 48 N.Y.2d 927 (1979) (defines elements of facial sufficiency under CPL 100.15)
- People v. Dreyden, 15 N.Y.3d 100 (2010) (limits and defines 'facts of an evidentiary character' for material allegations)
- People v. Casey, 95 N.Y.2d 354 (2000) (nonhearsay requirements and evidentiary basis to support charges)
- People v. Kalin, 12 N.Y.3d 225 (2009) (reasonable cause may include hearsay; requires nonconclusory factual foundation)