People v. Chen Lu

25 Misc. 3d 299
CourtCriminal Court of the City of New York
DecidedJune 29, 2009
StatusPublished
Cited by1 cases

This text of 25 Misc. 3d 299 (People v. Chen Lu) is published on Counsel Stack Legal Research, covering Criminal Court of the City of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Chen Lu, 25 Misc. 3d 299 (N.Y. Super. Ct. 2009).

Opinion

OPINION OF THE COURT

Matthew A. Sciarrino, Jr., J.

This court holds that based on the recent Court of Appeals decision of People v Kalin (12 NY3d 225 [2009]) the People provided sufficient sworn allegations of fact that the defendant offered to sell counterfeit DVDs.

The defendant moves to dismiss the accusatory instrument on the ground that he has been denied his statutory right to a speedy trial (CPL 30.30 [1]). The People oppose the motion. This court makes the following findings of fact and conclusions of law:

Facts

The accusatory instrument contains sworn allegations of a police officer that on June 6, 2008, at about 1745 hours, the defendant was inside a Boston Market restaurant in Staten Island, New York, and offered to sell counterfeit DVDs.

The defendant was arraigned on a felony complaint on June 8, 2008, charging defendant with trademark counterfeiting in the second and third degrees in violation of Penal Law §§ 165.72 and 165.71. The defendant appeared before a judge on September 8, 2008, but an adjournment was required because no [301]*301Chinese interpreter was present. On September 11, 2008, the felony count (trademark counterfeiting in the second degree) was dismissed, and a supporting deposition was offered to the court for the purpose of converting the complaint to an information. However, the presiding judge refused to accept the affidavit for the purposes of converting the misdemeanor complaint, stating that it contained hearsay and therefore could not convert to a misdemeanor complaint.

The People filed a certificate of trial readiness on September 17, 2008. Along with the certificate of trial readiness, the People filed the same affidavit previously rejected.

Discussion

When a felony complaint has been reduced to a misdemeanor complaint, unless the defendant pleads guilty or waives prosecution by information, the misdemeanor complaint must be replaced prior to trial with an information which meets the requirement for facial sufficiency (CPL 170.65, 100.40 [1] [c]; 100.15 [3]; 170.35; People v Alejandro, 70 NY2d 133 [1987]). In order to be valid, an information must: (1) substantially conform to the requirements set down in CPL 100.15

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Related

People v. Rivera
45 Misc. 3d 386 (Criminal Court of the City of New York, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
25 Misc. 3d 299, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-chen-lu-nycrimct-2009.