reasonable cause requirement in New York

2026Zimmerman, J.), rendered December 12, 2022, affirmed.</p> <p>Since defendant waived prosecution by information, the accusatory instrument is assessed under the reasonable cause requirement of a misdemeanor complaint (<i>see People v Dumay</i>, 23 NY3d 518, 522 [2014]).

2025In these circumstances, the accusatory instrument is assessed under the reasonable cause requirement of a misdemeanor complaint ( see People v Dumay , 23 NY3d 518, 522 [2014]), and so viewed, was jurisdictionally valid.

2025THE [*3]DEFENDANT DID NOT HAVE ANY PRESCRIPTION OR LAWFUL REASON TO HAVE IT IN HER POSSESSION AND DID MAKE AN ORAL STATEMENT TO YOUR DEPONENT OF 'THOSE DRUGS ARE NOT MINE, THEY ARE MY BOYFRIEND'S.' " A laboratory report is not required to accompany an accusatory instrument charging a defendant with criminal possession of a controlled substance in the seventh degree for it to be facially sufficient ( see Kalin , 12 NY3d at 231; People v Pearson , 78 AD3d 445 [2010]; People v Price , 49 Misc 3d 130[A], 2015 NY Slip Op 51415[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2015]). " 'Standing alo

2025THE [*3]DEFENDANT DID NOT HAVE ANY PRESCRIPTION OR LAWFUL REASON TO HAVE IT IN HER POSSESSION AND DID MAKE AN ORAL STATEMENT TO YOUR DEPONENT OF 'THOSE DRUGS ARE NOT MINE, THEY ARE MY BOYFRIEND'S.' " A laboratory report is not required to accompany an accusatory instrument charging a defendant with criminal possession of a controlled substance in the seventh degree for it to be facially sufficient ( see Kalin , 12 NY3d at 231; People v Pearson , 78 AD3d 445 [2010]; People v Price , 49 Misc 3d 130[A], 2015 NY Slip Op 51415[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2015]). " 'Standing alo

2026Pursuant to Penal Law § 220.03, "[a] person is guilty of criminal possession of a controlled substance in the seventh degree when he or she knowingly and unlawfully possesses a controlled substance." Standing alone, a conclusory statement that a substance seized from a defendant was a particular type of controlled substance does not meet the reasonable cause requirement ( see Dumas , 68 NY2d at 731 ).

2026Pursuant to Penal Law § 220.03, "[a] person is guilty of criminal possession of a controlled substance in the seventh degree when he or she knowingly and unlawfully possesses a controlled substance." Standing alone, a conclusory statement that a substance seized from a defendant was a particular type of controlled substance does not meet the reasonable cause requirement ( see Dumas , 68 NY2d at 731).

2024Dreyden , 15 NY3d at 104 ["A conclusory statement that an object recovered from a defendant is a gravity knife does not alone meet the reasonable cause requirement"]; People v Dumas , 68 NY2d 729 , 731 [1986] [misdemeanor complaints found to be facially insufficient where "the complaint contains a conclusory statement that the defendant sold marihuana"]; People v Pandiello , 54 Misc 3d 496 , 499—501 [Crim Ct, NY County 2016] ["Neither the officer's belief that the person defendant was speaking to was 'J.M.' nor his belief that this person was the same J.M. named in the order of protection is s

2024Dreyden , 15 NY3d at 104 ["A conclusory statement that an object recovered from a defendant is a gravity knife does not alone meet the reasonable cause requirement"]; People v Dumas , 68 NY2d 729 , 731 [1986] [misdemeanor complaints found to be facially insufficient where "the complaint contains a conclusory statement that the defendant sold marihuana"]; People v Pandiello , 54 Misc 3d 496 , 499—501 [Crim Ct, NY County 2016] ["Neither the officer's belief that the person defendant was speaking to was 'J.M.' nor his belief that this person was the same J.M. named in the order of protection is s

2016(CPL 100.40 [1] [b]; Dumas, 68 NY2d 729 .) Reasonable cause to believe that a defendant committed the crimes charged “exists when evidence or information which appears reliable discloses facts or circumstances which are collectively of such weight and persuasiveness as to convince a person of ordinary intelligence, judgment and experience that it is reasonably likely that such offense was committed and that such person committed it.” (CPL 70.10 [2].) “In order for the reasonable cause standard to be met, the factual portion of the accusatory instrument must describe conduct that constitutes th

2016(CPL 100.40 [1] [b]; Dumas, 68 NY2d 729 .) Reasonable cause to believe that a defendant committed the crimes charged “exists when evidence or information which appears reliable discloses facts or circumstances which are collectively of such weight and persuasiveness as to convince a person of ordinary intelligence, judgment and experience that it is reasonably likely that such offense was committed and that such person committed it.” (CPL 70.10 [2].) “In order for the reasonable cause standard to be met, the factual portion of the accusatory instrument must describe conduct that constitutes th

2017Thus, Mr. Schear's claims that he is the custodian of the premises and had refused defendants permission to enter or remain in the premises stated facts, not legal conclusions, and sufficed to demonstrate that a legally sufficient case could be made against defendants ( see People v Dumay , 23 NY3d 518 , 522 [2014]). "[A]s a matter of common sense and reasonable pleading" ( People v Davis , 13 NY3d 17 , 31 [2009]; see also People v Casey , 95 NY2d 354 360 [2002]), the facts alleged in the accusatory instrument satisfied the reasonable cause standard ( see CPL 100.40 [1] [b]), provided defendan

2017Thus, Mr. Schear's claims that he is the custodian of the premises and had refused defendants permission to enter or remain in the premises stated facts, not legal conclusions, and sufficed to demonstrate that a legally sufficient case could be made against defendants ( see People v Dumay , 23 NY3d 518 , 522 [2014]). "[A]s a matter of common sense and reasonable pleading" ( People v Davis , 13 NY3d 17 , 31 [2009]; see also People v Casey , 95 NY2d 354 360 [2002]), the facts alleged in the accusatory instrument satisfied the reasonable cause standard ( see CPL 100.40 [1] [b]), provided defendan

2026Rather, the factual allegations must establish the basis of the police officer's belief that the substance seized was a particular type of controlled substance ( see People v Smalls , 26 NY3d 1064, 1067 [2015]; People v Jennings , 22 NY3d 1001, 1002 [2013]; People v Kalin , 12 NY3d 225, 231 [2009]).

2026Rather, the factual allegations must establish the basis of the police officer's belief that the substance seized was a particular type of controlled substance ( see People v Smalls , 26 NY3d 1064, 1067 [2015]; People v Jennings , 22 NY3d 1001, 1002 [2013]; People v Kalin , 12 NY3d 225, 231 [2009]).

2015A failure to comply with either the reasonable cause requirement of section 100.40 (1) (b) or the prima facie case requirement of section 100.40 (1) (c) constitutes a jurisdictional defect (see Hightower, 18 NY3d at 254 ; People v Jones, 9 NY3d 259, 262-263 [2007]). * Stated otherwise, “[a]n information is valid for jurisdictional purposes if it contains nonconclusory factual allegations that, if assumed to be true, address each element of the crime charged, thereby affording reasonable cause to believe that defendant committed that offense” (People v Jackson, 18 NY3d 738, 741 [2012]).

2015A failure to comply with either the reasonable cause requirement of section 100.40 (1) (b) or the prima facie case requirement of section 100.40 (1) (c) constitutes a jurisdictional defect (see Hightower, 18 NY3d at 254 ; People v Jones, 9 NY3d 259 , 262-263 - 3 - - 4 - No. 154 [2007]).1 Stated otherwise, "[a]n information is valid for jurisdictional purposes if it contains nonconclusory factual allegations that, if assumed to be true, address each element of the crime charged, thereby affording reasonable cause to believe that defendant committed that offense" (People v Jackson, 18 NY3d 738,

2015“In addition to [satisfying] the reasonable cause requirement, an information,” unlike a complaint, “must also set forth ‘nonhearsay allegations which, if true, establish every element of the offense charged and the defendant’s commission thereof ” (Kalin, 12 NY3d at 228-229 , quoting People v Henderson, 92 NY2d 677, 679 [1999]; see also CPL 100.15 [3]; 100.40 [1] [c]; [4] [b]).

2015While more demanding than the reasonable cause standard, this prima facie case requirement for the facial sufficiency of an information “ ‘is not the same as the burden of proof beyond a reasonable doubt required at trial,’ nor does it rise to the level of legally sufficient evidence that is necessary to survive a motion to dismiss based on the proof presented at trial” (Kalin, 12 NY3d at 230 [citation omitted], quoting Henderson, 92 NY2d at 680 ; see People v Guarnan, 22 NY3d 678, 681 [2014]).

2026Rather, the factual allegations must establish the basis of the police officer's belief that the substance seized was a particular type of controlled substance ( see People v Smalls , 26 NY3d 1064, 1067 [2015]; People v Jennings , 22 NY3d 1001, 1002 [2013]; People v Kalin , 12 NY3d 225, 231 [2009]).

2026Rather, the factual allegations must establish the basis of the police officer's belief that the substance seized was a particular type of controlled substance ( see People v Smalls , 26 NY3d 1064, 1067 [2015]; People v Jennings , 22 NY3d 1001, 1002 [2013]; People v Kalin , 12 NY3d 225, 231 [2009]).

2015A failure to comply with either the reasonable cause requirement of section 100.40 (1) (b) or the prima facie case requirement of section 100.40 (1) (c) constitutes a jurisdictional defect (see Hightower, 18 NY3d at 254 ; People v Jones, 9 NY3d 259, 262-263 [2007]). * Stated otherwise, “[a]n information is valid for jurisdictional purposes if it contains nonconclusory factual allegations that, if assumed to be true, address each element of the crime charged, thereby affording reasonable cause to believe that defendant committed that offense” (People v Jackson, 18 NY3d 738, 741 [2012]).

2015A failure to comply with either the reasonable cause requirement of section 100.40 (1) (b) or the prima facie case requirement of section 100.40 (1) (c) constitutes a jurisdictional defect (see Hightower, 18 NY3d at 254 ; People v Jones, 9 NY3d 259 , 262-263 - 3 - - 4 - No. 154 [2007]).1 Stated otherwise, "[a]n information is valid for jurisdictional purposes if it contains nonconclusory factual allegations that, if assumed to be true, address each element of the crime charged, thereby affording reasonable cause to believe that defendant committed that offense" (People v Jackson, 18 NY3d 738,

2017When evidence or information, which appears reliable, discloses facts or circumstances “equally compatible with guilt or innocence,” the reasonable cause standard is not met (People v Carrasquillo, 54 NY2d 248, 254 [1981]).

2016When evidence or information which appears reliable discloses facts or circumstances “equally compatible with guilt or innocence,” the reasonable cause standard is not met (People v Carrasquilla, 54 NY2d 248, 254 [1981]).

2020Where, as here, the defendant has waived prosecution by information and therefore has assented to the more lenient reasonable cause standard ( see People v Dumay , 23 NY3d 518, 522 [2014]; Matter of Jahron S. , 79 NY2d 632, 640 [1992]; see also People v Thiam, 34 NY3d 1040, 1044 , [2019, DiFiore, Ch.

2016However, a laboratory report is not required to accompany an accusatory instrument charging a defendant with criminal possession of a controlled substance in the seventh degree for it to be facially sufficient ( see People v Kalin , 12 NY3d 225 , 231 [2009]; Matter of Jahron S. , 79 NY2d 632, 640 [1992]; People v Pearson , 78 AD3d 445 [2010]; People v Price , 49 Misc 3d 130 [A], 2015 NY Slip Op 51415[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2015]).

2018Absent from the instrument were any facts relied upon by the officer in reaching the conclusion that the substance seized was an illegal drug ( see Kalin , 12 NY3d 231 [in addition to training and experience, officer relied upon the packaging of the substance and recovery of a marijuana pipe]; People v Smalls , 26 NY3d 1064, 1067 [2015] [in addition to training and experience, the officer reached his conclusion about the nature of the substance based on its appearance and placement within a favored apparatus of drug users, a glass pipe]; Matter of Angel A. , 92 NY2d 430, 433 [1998] [in additio

2013Petitioner must provide factual allegations that establish a reliable basis for inferring the presence of a controlled substance (see id.; Angel A., 92 NY2d at 434-435 ).

2011(CPL 100.40 [1] [b].) “[RJeasonable cause” exists when “evidence or information which appears reliable discloses facts or circumstances which are collectively of such weight and persuasiveness as to convince a person of ordinary intelligence, judgment and experience that it is reasonably likely that such offense was committed and that such person committed it.” (CPL 70.10 [2].) Third, in addition to the reasonable cause requirement, an information must contain nonhearsay allegations in the factual part of the information and in any supporting depositions, which, if true, establish “every eleme

2010In addition to the reasonable cause requirement, an information must also set forth “nonhearsay allegations which, if true, establish every element of the offense charged and the defendant’s commission thereof’ (People v Henderson, 92 NY2d 677, 679 [1999]; People v Alejandro, 70 NY2d 133 [1987]; see CPL 100.40 [1] [c]).

2026The complaint stated the time, date and location of the events, and otherwise provided defendant with enough information of how he committed the crime to put him on notice of the crime and to prevent him from facing <span>[*2]</span>double jeopardy on the same charges (<i>see People v Dumay</i>, 23 NY3d at 524-526 ).</p> <p>Nor in this particular case was the complaint deficient because the officer did not describe how he knew the items recovered constituted unfinished frames or receivers as defined in Administrative Code § 10-301(22) (see <i>People v Aragon</i>, 28 NY3d 125 [2016]; <i>People

2020J., concurring]), these legal and factual allegations are sufficient to particularize the crime charged and protect against a constitutional double jeopardy violation ( see People v Drayton , 66 Misc 3d 136 [A], 2020 NY Slip Op 50025[U] [App Term, 1st Dept 2020]; see also People v Sans , 26 NY3d 13 , 17 [2015]).

2018The facial insufficiency of an accusatory instrument constitutes a jurisdictional defect which is not forfeited by a defendant's guilty plea ( see People v Dreyden , 15 NY3d 100 , 103 [2010]; People v Lucas , 11 NY3d 218 , 220 [2008]; People v Konieczny , 2 NY3d 569 , 573 [2004]).

2017Thus, Mr. Schear's claims that he is the custodian of the premises and had refused defendants permission to enter or remain in the premises stated facts, not legal conclusions, and sufficed to demonstrate that a legally sufficient case could be made against defendants ( see People v Dumay , 23 NY3d 518 , 522 [2014]). "[A]s a matter of common sense and reasonable pleading" ( People v Davis , 13 NY3d 17 , 31 [2009]; see also People v Casey , 95 NY2d 354 360 [2002]), the facts alleged in the accusatory instrument satisfied the reasonable cause standard ( see CPL 100.40 [1] [b]), provided defendan

2022Consequently, we find that the simplified traffic information was facially sufficient as it substantially conformed to the requirements therefor prescribed by law ( see CPL 100.40 [2]), and the supporting deposition contained allegations of fact, based on personal knowledge or upon information and belief, providing reasonable cause to believe that defendant had committed the offense charged ( see CPL 100.25 [2]; People v Hohmeyer , 70 NY2d 41, 43 [1987]; People v Key , 45 NY2d 111 [1978]; People v Ruiz , 64 Misc 3d 127[A] , 2019 NY Slip Op 50984[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2019