What is a copy of accusatory instrument

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What is a copy of accusatory instrument

Accusatory instrument - A written accusation filed with the court charging the defendant with one or more offenses. Adjournment - A postponement of a criminal case.

what is a copy of accusatory instrument

Arraignment - The court proceeding during which a person is informed of the charges against him or her. Arrest - When the police take a person into custody on probable cause with or without a warrant. Bail and bail bonds - Bail refers to "cash bail" or a "bail bond". Cash bail means a sum of money, set by the court, posted by the defendant or any other person, upon the condition that the money will be forfeited to the state if the defendant does not comply with the directions of the court requiring his or her attendance at the criminal proceeding.

Bail bond is a form of bail and when this term is used in the Criminal Court it almost always refers to a bail bond issued by a recognized insurance company. It is a guarantee to the court by the insurance company that while the defendant is at liberty as a result of the posting of the bail bond, he or she will appear in court in the criminal action whenever his or her attendance is required. If the defendant fails to appear as required, the insurance company will pay to the Court the specified sum of money designated by the court which set the bail.

what is a copy of accusatory instrument

Bench warrant - A court order issued for a defendant's arrest if he or she fails to appear for a court proceeding other than an arraignment. Certificate of Disposition - An official court document that indicates the current status of a case or its final disposition.

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Certificate of Good Conduct - A certificate issued by the State Board of Parole to eligible persons who have two or more felony convictions and any number of misdemeanor convictions. A Certificate of Good Conduct removes barriers to occupational licensing and the right to seek public office imposed by state or municipal law, and is proof of rehabilitation an employer is required by law to consider when an individual applies for a job. Certificate of Relief from Civil Disabilities - A Certificate of relief from Civil Disabilities may be granted by the Court to a defendant who has been sentenced to a revocable sentence probation,conditional discharge, etc.

An application for a certificate can be obtained at the clerk's office of the court where the sentence was given. For more information see Article 23 of the Correction Law. Conviction - When the court enters a plea of guilty or a finding of guilt by a jury or the Court. Defendant - A person or corporation charged with committing an offense.

Discovery - A legal process by which lawyers are entitled to find out information from their adversary in a pending case. Docket number - A nine character court reference number which identifies a criminal court case.

The first two digits indicate the year in which the case was filed.

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The final six digits identify the specific case. Evidence -Testimony and exhibits introduced at a hearing or a trial. Exhibits - Physical evidence introduced at a hearing or trial. Felony - An offense for which a sentence to a term of imprisonment in excess of one year may be imposed.

For the purpose of sentence, felonies are divided into five categories or classes: A, B, C, D and E felonies. Class A felonies carry the longest jail sentences and class E felonies carry the shortest jail sentences for felony cases.

Jail sentences for misdemeanor and violations or infractions are even shorter. Fine - A sentence that requires the payment of money to the court. Fingerprints - Reproductions of unique finger marks, which are used to identify people. Grand Jury - A group of citizens who decide whether the prosecutor has enough evidence to pursue felony and perhaps also misdemeanor charges against a person. Indictment - A document that contains the felony and perhaps also misdemeanor charges that were voted by the grand jury.

Indigent - A person found by the court to be unable to afford to hire a lawyer or otherwise meet the expense of defending a criminal matter. If the defendant is determined to be indigent, a defense counsel is appointed by the court. Jurisdiction - The power to hear and determine a case.Defendant's motion for an order dismissing the accusatory instrument as facially defective, suppressing identification testimony, directing that the People provide discovery, directing that they serve and file a bill of particulars, and precluding them from cross-examining him about prior acts is granted to the extent that the accusatory instrument is dismissed as facially defective.

By what appears to serve as the factual part see CPL By hers, made on August 31,Ms. Basile attests that:. According to documents maintained in the court file, as well as the clerk's notations on that file, the People made application for an arrest warrant see CPL Articlewhich the court Doddato, J.

Included in the court file is a copy of that arrest warrant, issued in the name of Jeffrey Kennedy of Gold Street, Brooklyn, New York. On February 18,however, the People made application to orally amend the accusatory instrument. No transcript of the proceedings of that date is submitted on this motion, but according to a "script" in a memorandum from one assistant district attorney to another that is included in the court file, the People were to make application to "amend the name on the accusatory instrument to include Jeffrey Kennedy listed on the complaint as an AKA for defendant's true name to be added to the complaint - Jeffrey Ostby.

Defendant, Mr. Ostby, now moves for the above-noted relief. Insofar as he seeks dismissal of the accusatory instrument, he notes that all of the allegations are made against "Jeffrey Kennedy" doing business as "Kennedy Renovation Company," that no mention is made of him, Jeffrey Ostby, except for one reference in the caption, that a defendant's commission of the crime must be spelled out in the accusatory instrument, that he, Jeffrey Ostby, and Jeffrey Kennedy "are two different people," and that "[t]his is a case where the police got the wrong guy.

The People in opposition set forth some of the facts. They in the process cavalierly assume Jeffrey Ostby and Jeffrey Kennedy are the same person, erroneously claim that Defendant "failed to appear" on February 18,when, as the present record indicates, the court on that date court issued an arrest warrant that was executed almost one month later, set forth some generic principles governing the sufficiency of local court accusatory instruments, and urge that the supporting depositions in this case provide non-hearsay, non-conclusory attestations that properly support the accusation that "Defendant" violated the statute with which he is charged.

They thus proceed as if the name Jeffrey Ostby is included in the factual statements made by Ms.

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Basile and Ms. Bruno, posit that the claim that these are two different people "is irrelevant to the issue of facial insufficiency and instead is an issue for trial, one that should be addressed by the finder of fact," urge that when a person is known by more than one name, any name by which that person is known can be used in the accusatory instrument, and offer the theory that the accusatory instrument was amended " based upon the information and belief that Defendant was using the alias, Jeffrey Kennedy [emphasis added]" when he was conducting business with Ms.

They, too, address Defendant's requests for other, alternate relief. Defendant in reply purports to give "notice of supplemental motion" so as to interpose a request for an order dismissing "the complaint" as improperly amended.

He also addresses his newly interposed claim for dismissal because of improper amendment, itself improperly interposed for the first time in reply. The arguments he advances in this regard — e.

It is well settled that, in order to be sufficient, a long form information must both provide reasonable cause to believe that the person named in it committed the offense charged, and contain sworn, non-hearsay allegations supporting every element of that offense, and that person's commission thereof see CPL Concrete, non-hearsay factual allegations are sufficiently supportive of an element of the offense charged if they give rise to a reasonable inference that the named defendant committed that particular element or acted with the requisite mental culpability see People v.

People v. The information thus must demonstrate the existence of a prima facie case against the person charged see People v Hendersonsuprabut the prima facie case requirement is not the same as the burden of proof beyond a reasonable doubt id.

When ruling on the sufficiency of an information, a court must accept the factual allegations as true People v. Casey95 NY2dNYS2d 88 []; People v Hendersonsuprabut it is limited to reviewing the facts as they are set forth in the four corners of the accusatory document see People v. CPL Section But while the court apparently did allow amendment of the caption, it did not purport to change the sworn statements of others, nor could it properly do so.

There is thus no sworn, non-hearsay attestation demonstrating either that Jeffrey Ostby entered into a home improvement contract with Ms. Basile or that he was not properly licensed. Indeed, because there is no indication whatsoever that Ms.This opinion is uncorrected and subject to revision before publication in the Official Reports. In the accusatory instrument charging defendant, Michael Sans, with a misdemeanor, a police officer stated that he had "observed the defendant remove a knife from the defendant's pocket.

He waived prosecution by information. On appeal, defendant contended that the accusatory instrument was jurisdictionally defective and sought its dismissal. A Judge of this Court granted defendant leave to appeal 23 NY3d [].

We now affirm.

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The accusatory instrument must be examined under the standard applicable to misdemeanor complaints, given defendant's waiver of the filing of an information. Under the reasonable cause standard see generally People v Dumas, 68 NY2d[]the factual part of a misdemeanor complaint must allege "facts of an evidentiary character" CPL The statute provides that, to be prohibited as a gravity knife, a knife must have a blade that is locked into an open position by means of a device.

This criterion " 'requires that the blade lock in place automatically upon its release and without further action by the user' " People v Dreyden, 15 NY3d[], quoting People v Zuniga, AD2d[2d Dept ], mot for lv to appeal withdrawn, NY2d [].

accusatory

It distinguishes a gravity knife from one that "requires manual locking" Dreyden, 15 NY3d at Defendant argues that an accusatory instrument alleging possession of a gravity knife must expressly state that the knife locks by means of a device. We disagree. By stating that a knife, once opened, "locks automatically in place," an accusatory instrument conveys to a defendant that his knife was observed 1 to lock in an open position, rather than merely having a bias towards remaining open, and 2 to lock by means of a built-in device, rather than manually.

A mechanism that locks itself by means of such a device is naturally described as locking "automatically.

Our decision in Dreyden is not to the contrary. There, the relevant part of the accusatory instrument stated only that the arresting officer had seen Dreyden "in possession of a gravity knife. That conclusory language "failed to give any support or explanation whatsoever for the officer's belief" Dreyden, 15 NY3d atthus depriving Dreyden of due notice of the charged crime.

Unlike Dreyden, defendant Sans cannot justifiably claim that the language used in the accusatory instrument impaired his "basic rights to fair notice sufficient to enable preparation of a defense and to prevent double jeopardy" People v Casey, 95 NY2d[]. A reasonable defendant would have understood that the prosecution would be required to prove that his knife, once opened, locked without further manual action.

We conclude that the language used in the accusatory instrument gave defendant "sufficient notice of the charged crime to satisfy the demands of due process and double jeopardy" Dreyden, 15 NY3d at Defendant also suggests that the accusatory instrument insufficiently alleged that the blade of the knife was "released from the handle or sheath.

This contention lacks validity because the accusatory instrument specified that the officer tested the knife and determined that it opened "with centrifugal force. In any event, the officer's failure to specify the precise motion he used to open the knife did not prevent defendant from preparing his defense or avoiding double jeopardy, and therefore did not amount to a jurisdictional defect.

Finally, defendant argues that, to be jurisdictionally valid, the accusatory instrument should have alleged the officer's training or experience in the identification of gravity knives. He cites our directive in Dreyden that "[a]n arresting officer should, at the very least, explain briefly, with reference to his training and experience, how he or she formed the belief that the object observed in defendant's possession was a gravity knife" Dreyden, 15 NY3d at Defendant misreads this prescription.

We do not mandate that an officer recite that he or she has training and experience in identifying gravity knives or expressly state the origin of his or her skills in that area.

Officer’s Choice of Accusatory Instrument And Trial Readiness Announcement

Rather, Dreyden requires that an arresting officer explain the basis of his or her conclusion that the defendant's knife was a gravity knife. The general principle applicable here is that "when an allegation involves a conclusion drawn by a police officer that involves the exercise of professional skill or experience, some explanation concerning the basis for that conclusion must be evident from the accusatory instrument" People v Jackson, 18 NY3d[].

Order affirmed. Opinion by Judge Fahey. What is Menacing in New York? Criminal Law Definitions. Criminal Law-General.

Firm Announcements. Grand Juries in NY. Probation Department. Superintendent's Suspension Hearings. Weapons Possession.The book has a harsh, accusatory tone.

Recent Examples on the Web Questioning with a hostile, aggressive or accusatory inflection may please and excite those who are alienated by or unknowing of religious life in America. Send us feedback. See more words from the same century Dictionary Entries near accusatory accusative accusative absolute accusative-dative accusatory accusatrix accuse accused. Accessed 11 Oct. Keep scrolling for more More Definitions for accusatory accusatory.

Please tell us where you read or heard it including the quote, if possible. Test Your Vocabulary Forms of Government Quiz A gerontocracy is rule by: soothsayers animals elders unwritten laws Can you spell these 10 commonly misspelled words? Test Your Knowledge - and learn some interesting things along the way. Subscribe to America's largest dictionary and get thousands more definitions and advanced search—ad free!

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what is supporting deposition?

Can you spell these 10 commonly misspelled words? Do you know the person or title these quotes desc Login or Register. Save Word. Definition of accusatory. Examples of accusatory in a Sentence He pointed an accusatory finger at the suspect. First Known Use of accusatory 14th century, in the meaning defined above.A simplified traffic information is the type of accusatory instrument that is overwhelmingly used by law enforcement to commence a criminal action where a charge of misdemeanor Driving While Intoxicated or another type of traffic offense both misdemeanor and non-criminal traffic infractions is alleged.

The form prescribed by the commissioners of motor vehicles i. Pursuant to Article 30 of the Criminal Procedure Law, a person accused of a criminal offense i. Failure to provide an accused with a statutory speedy trial results in the dismissal of the corresponding criminal action. This determination depends significantly on when the criminal action is deemed to have commenced. A criminal action is generally deemed commenced by the filing of an accusatory instrument with a criminal court.

However, when a simplified traffic information is used by law enforcement as the chosen accusatory instrument, the commencement of a criminal action for statutory speedy trial purposes is often determined differently. The reason for this outcome is a simplified traffic information not only comprises an accusatory instrument, but also an appearance ticket.

It should be noted that a simplified traffic information is often served upon an accused together with a separate and distinct appearance ticket. People v. SolomonMisc. See also15 N. When an appearance ticket is used, the general rule governing the commencement of a criminal action does not apply and, instead — exclusively for the purpose of statutory speedy trial calculation — the criminal action is not deemed commenced until the first appearance in local criminal court by the person to whom the appearance ticket was served.

See alsoPeople v. Parris70 N. Stirrup91 N. The exclusive purpose of this article is educational and it is not intended as either legal advice or a general solution to any specific legal problem. Prior results do not guarantee a similar outcome.

Attorney Advertising. Related Posts. Some States are Scrambling to Find Drugs. August 30th, 0 Comments. July 29th, 0 Comments.I plan on putting not guilty on a ticket I got, what does supporting deposition mean?

what is a copy of accusatory instrument

A supporting deposition is a written affirmation detailing the traffic violation and it is signed by the police officer who issued the ticket.

There should be a place on the back of your ticket to plead not guilty and request a copy of the deposition. Supporting deposition is a document that has information about why the ticket was given, the time and location.

Where did I hear that before? You are quick!! Sorry I couldnt resist!! A supporting deposition is a sworn statement by a person that backs up the allegations against filed against you in some kind of legally "accusatory instrument" in your case, the traffic ticket; this is also true for misdemeanor complaints, or felony complaints filed pre-indictment. Often these accusatory instruments are insufficient because they lack a description of the facts or the facts are based on hearsay info I heard it from Detective X.

A supporting dep cures that by explaining the facts of the case, and carrying a sworn statement. Supporting deposition is nothing more than the officer's testimony; his word against yours. If it's a radar unit, well, good luck! Trending News.

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You can sign in to vote the answer. This Site Might Help You. RE: what is supporting deposition? Karin Lv 4. Still have questions?

what is a copy of accusatory instrument

Get your answers by asking now.A case could possibly be dismissed if there is a defect in the accusatory instrument or other procedural matter. By definition a Felony is a crime for which the sentence carries the possibility of a period of incarceration of more than one year.

A felony complaint must be converted to an indictment in order to prosecute the case. You are commenting using your WordPress. You are commenting using your Google account. You are commenting using your Twitter account. You are commenting using your Facebook account. Notify me of new comments via email.

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