People v. Rosario

Appellate Division of the Supreme Court of New York

People v. Rosario

138 A.D.3d 551, 28 N.Y.S.3d 592

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 19, 2016

Docket860 73861/10

StatusPublished

This text of 138 A.D.3d 551 (People v. Rosario) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State 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. Rosario, 138 A.D.3d 551, 28 N.Y.S.3d 592 (N.Y. Ct. App. 2016).

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Opinion

Judgment, Supreme Court, Bronx County (Margaret L. Clancy, J., at dismissal motion; Harold Adler, J., at plea and sentencing), rendered September 12, 2012, convicting defendant of disorderly conduct, and sentencing him to five days of community service, unanimously affirmed.

Because defendant waived prosecution by information, the accusatory instrument was only required to satisfy the reasonable cause requirement of a misdemeanor complaint (see People v Dumay, 23 NY3d 518, 522 [2014]). In any event, the superseding information was sufficiently corroborated by supporting depositions that predated it, but referenced the initial information, which contained identical allegations.

Concur — Friedman, J.P., Andrias, Moskowitz, Kapnick and Webber, JJ.

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Judgment, Supreme Court, Bronx County (Margaret L. Clancy, J., at dismissal motion; Harold Adler, J., at plea and sentencing), rendered September 12, 2012, convicting defendant of disorderly conduct, and sentencing him to five days of community service, unanimously affirmed.

Because defendant waived prosecution by information, the accusatory instrument was only required to satisfy the reasonable cause requirement of a misdemeanor complaint (see People v Dumay, 23 NY3d 518, 522 [2014]). In any event, the superseding information was sufficiently corroborated by supporting depositions that predated it, but referenced the initial information, which contained identical allegations.

Concur — Friedman, J.P., Andrias, Moskowitz, Kapnick and Webber, JJ.

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Bluebook (online)

138 A.D.3d 551, 28 N.Y.S.3d 592, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-rosario-nyappdiv-2016.

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