Reich v. Bankers Life & Cas. Co., 497 N.E.2d 702 (NY 1986).

discussed Cited "but see" People v. Bratton

N.Y. City Crim. Ct. · 1995 · signal: but see · confidence high

But see, People v Dean, 153 Misc 2d 1031 (Crim Ct, NY County 1992) (where that court appears to have accepted, without it being pleaded, that a New York City police officer is such an expert in identifying forged New Jersey automobile registrations and drivers’ licenses yet the Court of Appeals, in People v Dumas [supra], was unwilling, without it being specifically alleged, to accept that every police officer is trained to recognize drugs, even for the purpose of establishing reasonable cause to believe that it is a drug and additionally required an expert analysis of the drugs to establish…

discussed Cited as authority (rule) People v. Morel (2×)

NY · 2026 · confidence medium

"Under that more lenient standard, '[t]he factual part of a misdemeanor complaint must allege "facts of an evidentiary character" (CPL 100.15 [3]) demonstrating "reasonable cause" to believe the defendant committed the crime charged' " ( Willis , 44 NY3d at 21 , quoting People v Dumas , 68 NY2d 729, 731 [1986]).

examined Cited as authority (rule) People v. Nunez (Edwin) (3×)

N.Y. App. Term. · 2026 · confidence medium

Here, since defendant expressly waived the right to be prosecuted by information, the accusatory instrument must be evaluated under the standards that govern a misdemeanor complaint ( see People v Aragon, 28 NY3d 125, 127 [2016]; Dumay , 23 NY3d at 524 ; see also CPL 100.15, 100.40 [4]), which is sufficient on its face when it alleges facts of an evidentiary character supporting or tending to support the charge ( see CPL 100.15 [3]) and provides reasonable cause to believe that the defendant committed the crime charged ( see CPL 100.40 [4] [b]; People v Dumas , 68 NY2d 729, 731 [1986]).

examined Cited as authority (rule) People v. Stringer (3×)

Bronx Criminal Ct. · 2026 · confidence medium

Conclusory allegations are insufficient ( see People v. Dumas , 68 NY2d 729, 731 [1986]).

discussed Cited as authority (rule) People v. McBride

N.Y. Crim. Ct. · 2025 · confidence medium

Conclusory statements unsupported by facts showing the basis for the conclusion do not satisfy this requirement ( see People v Dumas , 68 NY2d 729, 731 [1986]; People v Kalin , 12 NY3d 225, 229 [2009]).

examined Cited as authority (rule) People v. Kesoglides (3×)

N.Y. Crim. Ct. · 2025 · confidence medium

Facial Sufficiency An accusatory instrument upon which a defendant may be held for trial "must allege 'facts of an evidentiary character' (CPL 100.15[3]) demonstrating 'reasonable cause' to believe the defendant committed the crime charged (CPL 100.40[4][b]" ( People v Dumas , 68 NY2d 729, 731 [1986]).

examined Cited as authority (rule) People v. Larkin (Matthew) (4×)

N.Y. App. Term. · 2025 · confidence medium

Here, since defendant expressly waived the right to be prosecuted by information, the relevant count of the accusatory instrument must be evaluated under the standards that govern a misdemeanor complaint ( see Dumay , 23 NY3d at 524; see also CPL 100.15, 100.40 [4]), which is sufficient on its face when it alleges facts of an evidentiary character supporting or tending to support the charge ( see CPL 100.40 [4] [a]; 100.15 [3]) and provides reasonable cause to believe that the defendant committed the crime charged ( see CPL 100.40 [4] [b]; People v Dumas , 68 NY2d 729, 731 [1986]).

discussed Cited as authority (rule) People v. Chaitram (Michael) (2×)

N.Y. App. Term. · 2025 · confidence medium

Since defendant expressly waived the right to be prosecuted by information, the facial sufficiency of the accusatory instrument must be evaluated under the standards that govern a misdemeanor complaint, which can be based upon hearsay and which is sufficient on its face when it alleges facts of an evidentiary character supporting or tending to support the charge ( see CPL 100.15 [3]; 100.40 [4] [a]) and provides reasonable cause to believe that the defendant committed the crime charged ( see CPL 100.40 [4] [b]; Dumay , 23 NY3d at 524; People v Dumas , 68 NY2d 729, 731 [1986]).

discussed Cited as authority (rule) People v. Edwards (Jaquan) (2×)

N.Y. App. Term. · 2025 · confidence medium

Furthermore, since defendant expressly waived the right to be prosecuted by information, the relevant count of the accusatory instrument must be evaluated under the standards that govern a misdemeanor complaint, which can be based upon hearsay and which is sufficient on its face when it alleges facts of an evidentiary character supporting or tending to support the charge ( see CPL 100.15 [3]; 100.40 [4] [a]) and provides reasonable cause to believe that the defendant committed the crime charged ( see CPL 100.40 [4] [b]; Dumay , 23 NY3d at 524; People v Dumas , 68 NY2d 729, 731 [1986]).

discussed Cited as authority (rule) People v. Toe (Nelson) (2×)

N.Y. App. Term. · 2025 · confidence medium

Here, since defendant expressly waived the right to be prosecuted by information, the relevant count of the accusatory instrument, resisting arrest, must be evaluated under the standards that govern a misdemeanor complaint ( see Dumay , 23 NY3d at 524; see also CPL 100.15, 100.40 [4]; People v Dumas , 68 NY2d 729, 731 [1986]).

discussed Cited as authority (rule) People v. Willis

NY · 2025 · confidence medium

Under that more lenient standard, "[t]he factual part of a misdemeanor complaint must allege 'facts of an evidentiary character' (CPL 100.15 [3]) demonstrating 'reasonable cause' to believe the defendant committed the crime charged (CPL 100.40 [4] [b])" ( People v Dumas , 68 NY2d 729, 731 [1986]).

discussed Cited as authority (rule) People v. Willis (2×)

NY · 2025 · confidence medium

Under that more lenient standard, "The factual part of a misdemeanor complaint must allege 'facts of an evidentiary character' (CPL 100.15 [3]) demonstrating 'reasonable cause' to believe the defendant committed the crime charged (CPL 100.40 [4] [b])" ( People v Dumas , 68 NY2d 729, 731 [1986]).

examined Cited as authority (rule) People v. Rivera (Athena) (4×)

N.Y. App. Term. · 2025 · confidence medium

An accusatory instrument is sufficient so long as the factual allegations therein establish the basis of the arresting officer's belief that the substance seized was a particular type of controlled substance ( see Kalin , 12 NY3d at 229, 231-232; People v Dumas , 68 NY2d 729, 731 [1986]; Price , 2015 NY Slip Op 52415[U]).

discussed Cited as authority (rule) People v. Bradford B.

N.Y. Crim. Ct. · 2025 · confidence medium

It must contain non-hearsay factual allegations that "establish, if true, every element of the offense charged and defendant's commission thereof" (CPL 100.40 [1] [c]; People v Dumay , 23 NY3d 518 [2014]; People v Casey , 95 NY2d 354, 360 [2000]; People v Dumas , 68 NY2d 729, 731 [1986]).

discussed Cited as authority (rule) People v. Bradford B.

N.Y. Crim. Ct. · 2025 · confidence medium

It must contain non-hearsay factual allegations that "establish, if true, every element of the offense charged and defendant's commission thereof" (CPL 100.40 [1] [c]; People v Dumay , 23 NY3d 518 [2014]; People v Casey , 95 NY2d 354, 360 [2000]; People v Dumas , 68 NY2d 729, 731 [1986]).

discussed Cited as authority (rule) People v. Bradford B.

N.Y. Crim. Ct. · 2025 · confidence medium

It must contain non-hearsay factual allegations that "establish, if true, every element of the offense charged and defendant's commission thereof" (CPL 100.40 [1] [c]; People v Dumay , 23 NY3d 518 [2014]; People v Casey , 95 NY2d 354, 360 [2000]; People v Dumas , 68 NY2d 729, 731 [1986]).

discussed Cited as authority (rule) People v. Nektalov (Samual) (2×)

N.Y. App. Term. · 2022 · confidence medium

Since defendant expressly waived prosecution by information, the accusatory instrument's legal sufficiency must be{**78 Misc 3d at 4} evaluated under the standards which govern that of a misdemeanor complaint ( see People v Dumay , 23 NY3d 518, 524 [2014]), which is sufficient on its face when it alleges facts of an evidentiary character supporting or tending to support the charge ( see CPL 100.15 [3]) and provides reasonable cause to believe that the defendant committed the crime charged ( see CPL 100.40 [4] [b]; People v Dumas , 68 NY2d 729, 731 [1986]).

discussed Cited as authority (rule) People v. Merritt (Chester)

N.Y. App. Term. · 2022 · confidence medium

Here, since defendant expressly waived the right to be prosecuted by information, the relevant count of the accusatory instrument, driving while ability impaired by drugs, must be evaluated under the standards that govern a misdemeanor complaint ( see Dumay , 23 NY3d at 524 ; see also CPL 100.15, 100.40 [4]; People v Dumas , 68 NY2d 729, 731 [1986]).

discussed Cited as authority (rule) The People v. Ron Hill

NY · 2022 · confidence medium

“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” (People v Kalin, 12 NY3d 225, 229 [2009]; see Dreyden, 15 NY3d at 103 ; People v Dumas, 68 NY2d 729, 731 [1986]).

discussed Cited as authority (rule) People v. Ortega (Jose)

N.Y. App. Term. · 2022 · confidence medium

Here, since defendant expressly waived the right to be prosecuted by information, the relevant count of the accusatory instrument, driving while ability impaired, must be evaluated under the standards [*2]that govern a misdemeanor complaint ( see Dumay , 23 NY3d at 524 ; see also CPL 100.15, 100.40 [4]; People v Dumas , 68 NY2d 729, 731 [1986]).

discussed Cited as authority (rule) People v. Roth (Lonnie)

N.Y. App. Term. · 2021 · confidence medium

Here, since defendant did not expressly [*2]waive the right to be prosecuted by information, the accusatory instrument must be evaluated under the standards that govern a misdemeanor information ( see People v Dumay , 23 NY3d 518, 524 [2014]; see also CPL 100.15, 100.40 [1]; People v Dumas , 68 NY2d 729, 731 [1986]).

discussed Cited as authority (rule) People v. Surjeet (Harjeet)

N.Y. App. Term. · 2021 · confidence medium

"The factual part of a misdemeanor complaint must allege 'facts of an evidentiary character' (CPL 100.15 [3]) demonstrating 'reasonable cause' to believe the defendant committed the crime charged (CPL 100.40 [4] [b])" ( People v Dumas , 68 NY2d 729, 731 [1986]; see also CPL 70.10 [2]).

discussed Cited as authority (rule) People v. Narvaez (Dana)

N.Y. App. Term. · 2021 · confidence medium

Additionally, the misdemeanor complaint must allege facts of an evidentiary character that provide reasonable cause to believe that the defendant committed the crime charged ( People v Dumas , 68 NY2d 729, 731 [1986]; CPL 100.40[4][b]).

discussed Cited as authority (rule) People v. Banaszek (Piotr)

N.Y. App. Term. · 2021 · confidence medium

Here, since defendant expressly waived the right to be prosecuted by information, the relevant counts of the accusatory instrument must be evaluated under the standards that govern a misdemeanor complaint ( see Dumay , 23 NY3d at 524 ; see also CPL 100.15, 100.40 [4]; People v Dumas , 68 NY2d 729, 731 [1986]).

discussed Cited as authority (rule) People v. Nieves (Raimundo)

N.Y. App. Term. · 2021 · confidence medium

Here, since defendant expressly waived the right to be prosecuted by information, the relevant count of the accusatory instrument must be evaluated under the standards that govern a misdemeanor complaint ( see People v Dumay , 23 NY3d at 524; see also CPL 100.15, 100.40 [4]; People v Dumas , 68 NY2d 729, 731 [1986]).

discussed Cited as authority (rule) People v. Dalrymple (Kelvin)

N.Y. App. Term. · 2021 · confidence medium

Since defendant expressly waived prosecution by information, the accusatory instruments must be evaluated under the standards that govern a misdemeanor complaint ( see People v Dumay , 23 NY3d 518, 524 [2014]); namely, each is sufficient on its face if it contains factual allegations of an evidentiary character supporting or tending to support the charge ( see CPL 100.15 [3]) and provides reasonable cause to believe that the defendant committed the crime charged ( see CPL 100.40 [4] [b]; People v Dumas , 68 NY2d 729, 731 [1986]).

discussed Cited as authority (rule) People v. Leon-Morillo (Gerlin)

N.Y. App. Term. · 2021 · confidence medium

Because defendant waived prosecution by information, the accusatory instrument must be evaluated under [*2]the standards which govern that of a misdemeanor complaint ( see People v Dumay , 23 NY3d 518, 524 [2014]), namely, it is sufficient on its face if it contains factual allegations of an evidentiary character supporting or tending to support the charge ( see CPL 100.15 [3]) and provides reasonable cause to believe that defendant committed the crime charged ( see CPL 100.40 [4] [b]; People v Dumas , 68 NY2d 729, 731 [1986]).

discussed Cited as authority (rule) People v. Pierre (Nadine)

N.Y. App. Term. · 2020 · confidence medium

Furthermore, since defendant expressly waived the right to be prosecuted by information, the relevant counts of the accusatory instrument must be evaluated under the standards that govern a misdemeanor complaint ( see Dumay , 23 NY3d at 524 ; see also CPL 100.15, 100.40 [4]; People v Dumas , 68 NY2d 729, 731 [1986]).

discussed Cited as authority (rule) People v. Ciccone (Nicholas)

N.Y. App. Term. · 2020 · confidence medium

Pursuant 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." {**71 Misc 3d at 10}"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 People v Dumas , 68 NY2d 729, 731 [1986]).

discussed Cited as authority (rule) People v. Campbell (Perry)

N.Y. App. Term. · 2020 · confidence medium

As defendant expressly waived the right to be prosecuted by information, the accusatory instrument must be evaluated under the standards that govern a misdemeanor complaint ( see People v Dumay , 23 NY3d 518, 523 [2014]; see also CPL 100.15, 100.40 [4]; People v Dumas , 68 NY2d 729, 731 [1986]).

discussed Cited as authority (rule) People v. Moreno (Joaquin)

N.Y. App. Term. · 2020 · confidence medium

Here, since defendant expressly waived the right to be prosecuted by information, the relevant counts of the accusatory instrument must be evaluated under the standards that govern a misdemeanor complaint ( see Dumay , 23 NY3d at 524 ; see also CPL 100.15, 100.40 [4]; People v Dumas , 68 NY2d 729, 731 [1986]).

discussed Cited as authority (rule) People v. Sprull (Gail) (2×)

N.Y. App. Term. · 2020 · confidence medium

Here, since defendant expressly waived the right to be prosecuted by information, the relevant counts of the accusatory instrument must be evaluated under the standards that govern a misdemeanor complaint ( see Dumay , 23 NY3d at 524 ; see also CPL 100.15; 100.40 [4]; People v Dumas , 68 NY2d 729, 731 [1986]).

discussed Cited as authority (rule) The People v. Edward Hardy

NY · 2020 · confidence medium

People v Dumas, 68 NY2d 729, 731 [1986] [conclusory statements in misdemeanor complaint lacked evidentiary character to support sale of marijuana]; Dreyden, 15 NY3d at 103 [officer did not give any support in misdemeanor complaint to conclude that defendant possessed a gravity knife]), and when the facts recited in the accusatory instrument or supporting deposition did not state a crime (see e.g.

discussed Cited as authority (rule) People v. Jean-Baptiste (Evans)

N.Y. App. Term. · 2020 · confidence medium

Here, since defendant expressly waived the right to be prosecuted by information, the relevant count of the accusatory instrument must be evaluated under the standards that govern a misdemeanor complaint ( see People v Dumay , 23 NY3d 518, 524 [2014]; see also CPL 100.15, 100.40 [4]; People v Dumas , 68 NY2d 729, 731 [1986]).

discussed Cited as authority (rule) People v. Torres (Jose)

N.Y. App. Term. · 2020 · confidence medium

Here, since defendant expressly waived the right to be prosecuted by information, the accusatory instrument must be evaluated under the standards that govern a misdemeanor complaint ( see People v Dumay , 23 NY3d 518, 524 [2014]; see also CPL 100.15, 100.40 [4]; People v Dumas , 68 NY2d 729, 731 [1986]).

discussed Cited as authority (rule) People v. Aguilar-Contreras (Isabel)

N.Y. App. Term. · 2020 · confidence medium

Here, since defendant expressly waived the right to be prosecuted by information, [*2]the accusatory instrument must be evaluated under the standards that govern a misdemeanor complaint ( see Dumay , 23 NY3d at 524 ; see also CPL 100.15; 100.40 [4]; People v Dumas , 68 NY2d 729, 731 [1986]).

discussed Cited as authority (rule) People v. Crawford (David)