People v. Jerome

*1 This criminal matter was commenced by the filing with this Court of a misdemeanor information alleging that on June 20, 2017 the defendant violated NYS Penal Law*2

§240.50(2), Falsely Reporting an Incident in the Third-Degree which provides:“A person is guilty of falsely reporting an incident in the third degree when, knowing the information reported, conveyed or circulated to be false or baseless, he or she…. [r]eports, by word or action, to an official or quasi-official agency or organization having the function of dealing with emergencies involving danger to life or property, an alleged occurrence or impending occurrence of a catastrophe or emergency which did not in fact occur or does not in fact exist[.]“Specifically, the defendant is accused of reporting by word a medical emergency and it is alleged that an emergency did not in fact occur or exist.At arraignment on July 14, 2017 the defendant pled not guilty to the charge. On September 14, 2017, the matter was scheduled for a jury trial to commence on February 5, 2018.Defendant has now moved by notice of motion dated January 24, 2018 seeking dismissal of the charge alleging this court lacks geographical jurisdiction rendering the filed charge defective, seeking dismissal of the charge on the grounds that the accusatory instrument is defective and legally insufficient, dismissal of the accusatory instrument as being “duplicitous,” for an order postponing the trial, and for an order granting a Sandoval Hearing and a Ventimiglia Hearing.The People filed an affirmation dated January 30, 2018 in opposition to defendant’s motion. Thereafter the Defendant filed an affirmation in response and the People replied with an affirmation in reply. Additionally, the defense counsel filed with the court a letter dated February 8, 2017 making corrections to defense counsel’s affirmation in reply.FACTUAL ALLEGATIONSThis misdemeanor information alleges that on June 20, 2017 at 71 Prospect Avenue, Hudson, New York, the defendant reported by word to the Columbia County 911 that he was having a medical emergency requiring assistance and transport to Columbia Memorial Hospital. The information further alleges that paramedics were dispatched as “priority one”