When one’s client has been charged with a misdemeanor, the defense attorney must first establish whether the claims against the defendant are jurisdictionally sufficient as a matter of law. In order to perform this analysis, it is essential to know whether the charge was brought by a “complaint” or an “information.” The distinction is important because there are differing standards of review for jurisdictional sufficiency based on whether the prosecution’s accusatory instrument is a complaint or an information. Without a jurisdictionally sufficient accusatory instrument, charges against one’s client must be dismissed. “A valid and sufficient accusatory instrument is a non-waivable jurisdictional prerequisite to a criminal prosecution.” People v. Case, 42 N.Y.2d 98, 99 (1977).
Applications challenging the jurisdictional sufficiency of an accusatory instrument are frequently made. However, the confusion between the dual standards of review is frequently the cause of error. This article provides an overview on the subject and clarifies the difference between the standards through relevant case law.
