Challenging the legal or facial sufficiency of a complaint against an accused is a common if not routine motion made by criminal defense lawyers. When a prosecutor proceeds on a complaint it becomes was is termed an information. The information must be legally sufficient to provide for the elements of the crime charged and notice to the accused. However, the evidence or allegations contained within the four corners of the document need not reach the “beyond a reasonable doubt” threshold. While the standard may be fairly low, a defendant who is wrongfully arrested without the bare level of evidence should not be forced into the criminal justice system whether he is from New York City, White Plains, or New York’s Southern Tier. Simply, it is critically important to examine any complaint or information to see whether or not there are grounds to make a challenge.
This particular blog entry will address a recent decision dismissing one count of Resisting Arrest pursuant to New York Penal Law 205.30 and one count of Second Degree Obstructing Governmental Administration pursuant to New York Penal Law 195.05.