“In New York, can police make allegations in a misdemeanor information ‘upon information and belief’”

Please be advised, this is not legal advice. For a free consultation, contact a criminal attorney buffalo ny or criminal lawyer buffalo ny today.

Criminal lawyer buffalo ny should know a valid, sufficient accusatory instrument is fundamental to any criminal proceeding. Under New York’s Criminal Procedure Law, Articles 100 and 200 respectively, the standards of sufficiency are laid out in detail. Generally, a misdemeanor information must contain non-hearsay factual allegations that establish a prima facie case. In addition to the factual allegations, criminal attorney buffalo ny should pay close attention to the source of the knowledge.

In the case where the source of the knowledge is “upon information and belief”, the source of that information must be stated. In other words, a sufficient information may be supplemented by allegations in a supporting deposition of a victim or a witness. The deposition is not an accusatory instrument, but rather a supporting document. Generally, the supporting deposition is filed with the information. This is particularly imperative when the source of the information is “upon information and belief.

This is a particularly complicated part of the law. Given this reality, again, please be advised, this is not legal advice. For a free consultation, contact a criminal attorney buffalo ny or criminal lawyer buffalo ny today.

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