The People v. Chernek
Notations Sufficient to Convert Felony Complaint to Misdemeanor Information
July 01, 2017 at 12:00 AM
1 minute read
PER CURIAM
Chernek appealed from a judgment convicting him, on his guilty plea, of common-law DWI. He alleged the accusatory instrument—originally charging him with felony DWI—was not properly reduced to a misdemeanor under CPL §180.50(3)(a)(iii), arguing the original felony complaint did not set forth factual allegations for the arresting officer's determination Chernek was intoxicated. Prosecutors, after informing the court Chernek was not convicted of DWI in 2005, sought to reduce the felony charge to a misdemeanor. The court agreed, crossed out the word “felony” in the caption, and replaced it with “misd,” among other things, but other references to the felony DWI were not crossed out. The panel found Chernek's assertions—that no reduction was accomplished—meritless, finding the notations in the accusatory instrument sufficient to convert the instrument from a felony complaint to a misdemeanor information. It stated the fact not all the language of the felony DWI was crossed out did not render the notations “too cryptic or ambiguous to be given effect.” The information and supporting deposition contained allegations sufficient to establish the basis for the officer's determination Chernek was intoxicated, affirming the judgment convicting him of common-law DWI.
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