3.11 - D. Converting A Complaint Into A Prosecutable Instrument

• Jurisdiction: New York

d. Converting a Complaint Into a Prosecutable Instrument

There are several ways in which a felony or misdemeanor complaint may be converted into an instrument that forms the basis of a prosecution.

A felony complaint may become an indictment or prosecutor’s information, depending on the action of the grand jury. If a felony complaint on which a defendant has been arraigned in the local criminal court is replaced by a grand jury indictment, the defendant will be rearraigned in superior court on the charges contained in the indictment.³⁹⁰

With the consent of the prosecution, a felony complaint may also be reduced to a misdemeanor complaint charging non-felony offenses.³⁹¹ Thereafter, the misdemeanor complaint can be converted into an information by supplying sworn non-hearsay allegations of fact that support every element of the offense charged and commission thereof.³⁹²

This is accomplished by use of a supporting deposition.³⁹³ A supporting deposition is a written instrument filed in connection with the complaint, subscribed by the complainant—and verified by a person other than the complainant—of such accusatory instrument that contains factual allegations of an evidentiary character based upon personal knowledge or upon information and belief.³⁹⁴ The supporting deposition may be filed with the complaint just prior to or during the...