3.2 - A. Felony And Misdemeanor Complaints

• Jurisdiction: New York

A. Felony and Misdemeanor Complaints

Both felony and misdemeanor complaints are verified,³⁴⁵ written accusations charging a person with the commission of one or more crimes.³⁴⁶ Both serve only to commence the criminal action against the accused. A complaint cannot form the basis for prosecution itself³⁴⁷ except where a defendant charged with a misdemeanor waives his right to be prosecuted by information.³⁴⁸

Indeed, CPL 170.65 specifically allows a defendant to waive prosecution by information, which necessarily entails forgoing the statutory protections required of an information and submitting to prosecution by complaint. A defendant’s knowing and voluntary waiver is valid regardless of whether the criminal action commences by information or complaint. ³⁴⁹

Upon the filing of a complaint (other than one for a simplified traffic information), the court may issue an arrest warrant.³⁵⁰ Only a legally sufficient complaint may serve as the basis of an arrest warrant.³⁵¹

Complaints may be based on the personal knowledge or hearsay allegations of a “complainant.”³⁵² The complainant need not be the victim of the crime but may, instead, be the police officer who learned the facts from the victim. The complaint must set forth accusations and facts...