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People v. Alejandro

New York Court of Appeals
517 N.Y.S.2d 927, 70 N.Y.2d 133, 511 N.E.2d 71 (1987)
ELI5:

Rule of Law:

A misdemeanor information that fails to contain non-hearsay factual allegations establishing every element of the charged offense is jurisdictionally defective. This fundamental defect is not waived by a defendant's failure to raise it before trial and can be asserted at any time.


Facts:

  • Police stopped the defendant's car in Brentwood, New York, for alleged traffic violations.
  • An altercation occurred between the defendant and police officers during the stop.
  • Police issued the defendant five traffic summonses.
  • Police also charged the defendant with resisting arrest using a misdemeanor information.
  • The factual portion of the information described the defendant's physical actions in resisting but contained no allegations to establish that the underlying arrest was authorized.

Procedural Posture:

  • The defendant was charged by misdemeanor information in a trial court.
  • The defendant proceeded to a jury trial without objecting to the sufficiency of the information.
  • The jury convicted the defendant of resisting arrest.
  • The defendant appealed her conviction to the Appellate Term, arguing for the first time that the information was defective.
  • The Appellate Term, an intermediate appellate court, reversed the conviction and dismissed the information as jurisdictionally defective.
  • The People were granted leave to appeal to the Court of Appeals, the state's highest court.

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Issue:

Does the omission of non-hearsay factual allegations for an essential element of the offense in a misdemeanor information constitute a non-waivable, jurisdictional defect?


Opinions:

Majority - Hancock, Jr., J.

Yes. An information that fails to contain non-hearsay allegations establishing every element of the offense charged is fatally defective. The crime of resisting arrest (Penal Law § 205.30) requires that the arrest be 'authorized,' which is an essential element of the offense. The information here omitted any facts to support this element. Unlike a felony complaint, which is followed by a Grand Jury proceeding to establish a prima facie case, a misdemeanor information is often the sole instrument upon which a prosecution is based. For this reason, the Criminal Procedure Law (CPL 100.40[1][c]) imposes a unique and more stringent 'prima facie case' requirement on informations. Failure to meet this requirement is a jurisdictional defect, meaning the court lacks the legal authority to proceed, and this defect is not waived by the defendant's failure to object before or during trial.


Concurring - Bellacosa, J.

Yes. The majority's conclusion upholds the logic of the statutory framework and provides 'elemental fairness' to defendants prosecuted for less serious crimes. Requiring jurisdictional validity for informations ensures that such prosecutions do not become routinized or treated as insignificant. Furthermore, the State has readily available remedies, such as amending or superseding the defective instrument, which appropriately places the burden on the prosecution to ensure its accusatory instruments are valid from the outset.



Analysis:

This decision solidifies the heightened pleading standard for misdemeanor informations in New York criminal procedure, distinguishing them from other accusatory instruments like indictments. By classifying the failure to allege a prima facie case as a non-waivable jurisdictional defect, the court establishes a powerful protection for defendants. This ruling places a strict burden on prosecutors to ensure every element of a misdemeanor is factually supported in the initial charging document itself. The case serves as a crucial precedent, preventing the prosecution of individuals on facially insufficient papers and sharply defining the boundaries of a court's subject matter jurisdiction in misdemeanor cases.

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