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People v. Joel K. Solomon

Excited utterances by defendant's girlfriend converted complaint into valid information.

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Judge Posner

PEOPLE v. JOEL K. SOLOMON — Defendant Joel K. Solomon, charged with attempted assault in the third degree ( Penal Law §110/120.00(1)), menacing in the third degree ( Penal Law §120.15), criminal contempt in the second degree (Penal Law §215.50(3)), and harassment in the second degree (Penal Law §240.26(l)) moves to dismiss the underlying accusatory instrument on the grounds that it is defective (Criminal Procedure Law 170.30(1)(a)). At issue is whether an excited utterance which is made to or heard by a deponent and which is set forth in the factual allegations portion of a misdemeanor complaint may serve to convert the instrument into a valid information in the absence of a supporting deposition.

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