People v. Texeira

OPINION OF THE COURT

Robert H. Straus, J.

In this motion to set aside the verdict, the issue this court *909must address is whether a complainant’s failure to recognize at trial an accusatory instrument he previously corroborated renders that accusatory instrument jurisdictionally defective and the conviction invalid as a matter of law?

FACTUAL BACKGROUND

The defendant was arrested on October 10, 1988 and charged with assault in the second degree (Penal Law § 120.05 [2]) and criminal possession of a weapon in the fourth degree (Penal Law § 265.01 [2]). On October 14, 1988, the People moved to reduce…