People v. Defreitas

*571OPINION OF THE COURT

Steven M. Statsinger, J.

In an oral ruling, this court held that, where the sworn portion of a domestic incident report (D.I.R.) referred to the assailant only as “he,” and did not name him, the D.I.R. did not convert the misdemeanor complaint against this defendant into an information. By written motion, the People now move for leave to reargue this point.

After carefully surveying the relevant precedent, this court concludes that: (1) CPLR 2221 (d), which authorizes motions for leave to reargue in civil cases, does not apply in a criminal case. However, the court also…