When one’s client has been charged with a misdemeanor, the defense attorney must first establish whether the claims against the defendant are jurisdictionally sufficient as a matter of law. In order to perform this analysis, it is essential to know whether the charge was brought by a “complaint” or an “information.” The distinction is important because there are differing standards of review for jurisdictional sufficiency based on whether the prosecution’s accusatory instrument is a complaint or an information. Without a jurisdictionally sufficient accusatory instrument, charges against one’s client must be dismissed. “A valid and sufficient accusatory instrument is a non-waivable jurisdictional prerequisite to a criminal prosecution.” People v. Case, 42 N.Y.2d 98, 99 (1977).
Applications challenging the jurisdictional sufficiency of an accusatory instrument are frequently made. However, the confusion between the dual standards of review is frequently the cause of error. This article provides an overview on the subject and clarifies the difference between the standards through relevant case law.
Types of Instruments
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
