Judge John Wilson
West was charged with petit larceny and criminal possession of stolen property. He sought dismissal of the indictment arguing prosecutors' allegations were deficient as the complainant did not personally observe him take anything, but relied on a video tape complainant viewed after the alleged event happened. Complainant stated he observed West remove two $50 bills from the cash register of which complainant was the lawful custodian and West did not have permission to take or possess such property. In a supporting deposition, complainant asserted he reviewed the tape and saw West walk over and take the $100 from the register. West contended that as the allegations were insufficient, prosecutors never produced a valid information, thus, they were never ready for trial for speedy clock purposes. The court disagreed concluding the fact that complainant based his observations on his review of a video tape did not render his statement insufficient. It stated it could find no basis to find complainant's statements regarding his observations of West's conduct were insufficient simply because they were made when complainant viewed a tape of West's allegedly culpable conduct. Hence, the factual allegations were facially sufficient and the motion was denied.
