People v. Suber
19 N.Y.3d 247
NY2012Background
- Súber, a level-three sex offender, received notice to report address changes to DCJS and to verify residence with local police every 90 days.
- He moved from Brooklyn in December 2005 and February 2006, and did not update DCJS or verify with NYPD during those periods.
- In July 2006, he notified DCJS that he was living in the Bronx.
- Súber told a police officer about two Brooklyn residences, leading to two misdemeanor informations charging failures to verify and two failures to register within 10 days of changing address; one allegation claimed he admitted moving without notification.
- In Criminal Court, defendant challenged the information’s facial sufficiency for lack of corroboration of his statements; the court ruled corroboration was not required and he pled guilty to one count.
- Appellate Term dismissed the accusatory instrument; the Court reversed and reinstated the conviction, holding corroboration not required for information but problematic only at trial under CPL 60.50.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is corroboration of a defendant's admission required in an information to establish a prima facie case? | People contends corroboration not needed to state a prima facie case in an information. | Súber argues corroboration of admissions is necessary for a valid information. | Corroboration not required for information. |
Key Cases Cited
- People v. Kalin, 12 NY3d 225 (N.Y. 2009) (corroboration rule linked to grand jury/conviction, not required for informations)
- People v. Alejandro, 70 NY2d 133 (N.Y. 1987) (prima facie case needed for informations; information must establish elements)
- Matter of Jahron S., 79 NY2d 632 (N.Y. 1992) (prima facie standard applies to juvenile petitions; corroboration discussed)
- People v. Casey, 95 NY2d 354 (N.Y. 2000) (distinguishes information standards and jurisdictional defects)
- People v. Gordon, 88 NY2d 92 (N.Y. 1996) (distinguishes legally sufficient evidence and information standards)
- People v. Swamp, 84 NY2d 725 (N.Y. 1995) (distinguishes prima facie/legally sufficient evidence concepts)