A. Complaint Or Information

• Jurisdiction: New York

A. Complaint or Information

Criminal charges are brought against an accused either by way of complaint, information or indictment. An information is a complaint that contains no hearsay allegations. For example, if the accused is accused of jostling, and the accusatory instrument states that the officer observed the accused place his or her hands in the pocket of another person, and if these facts are sworn to by that officer, then the instrument is an information.¹⁴ If the accused is charged with shoplifting, and if the factual part recited that the officer was told by store employees that the accused had taken items without permission or authority, this last element contains hearsay and the instrument is a complaint.¹⁵ A complaint can be converted to an information by use of a supporting deposition or corroborating affidavit, as defined in CPL § 100.25.¹⁶

Both felony and misdemeanor complaints are verified,¹⁷ written accusations charging a person with the commission of one or more crimes.¹⁸ Both serve only to commence the criminal action against the accused. A complaint cannot form the basis for prosecution itself¹⁹ except where a defendant charged with a misdemeanor waives the right to be prosecuted by information.²⁰

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.²¹

Whether a complaint or an information, the accusatory instrument should have two parts: an accusatory part and a factual part.²² If the instrument is a complaint, the factual part must allege facts of an evidentiary nature supporting or tending to support the charges.²³ If it does not, the complaint is not sufficient on its face and is subject to dismissal.

In order for an information to be sufficient, every element of the offense charged and the accused's commission thereof must be supported by nonhearsay allegations. These allegations may be stated in the information itself or attached to it in supporting depositions.²⁴

The complaint or information must be verified as outlined in CPL § 100.30.

PRACTICE GUIDE

Arraignment usually begins with a court official calling the case by reciting the accused's name and the charges. The defense attorney will be asked if he or she waives the...