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Legal Opinion

People v. Modica

Criminal Court of the City of New York

Decided March 30, 2001PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

William E. Garnett, J.

The defendant is charged with attempted assault in the third degree (Penal Law §§ 110.00, 120.00 [1]) and harassment in the second degree (Penal Law § 240.26 [1]).

The defendant moves to dismiss the accusatory instrument on the ground that it has not been converted to an information. The People have offered the Domestic Incident Report, herein*636after DIR, as a supporting deposition to convert the accusatory instrument to an information.

A DIR may be received as a supporting deposition to an accusatory instrument. (People v Stridiron, 175 Misc 2d 16 [Crim…

2Cases cited5 opinions

  1. Holtzman v. HellenbrandAppellate Division of the Supreme Court of the State of New York · 1983
  2. People v. . JacksonNew York Court of Appeals · 1888
  3. People v. SiroisAppellate Division of the Supreme Court of the State of New York · 1983
  4. People v. La MarcaNew York Court of Appeals · 1957
  5. People v. StridironCriminal Court of the City of New York · 1997

3Cited by5 opinions

  1. People v. MorrisCriminal Court of the City of New York · 2014
  2. People v. BrooksCriminal Court of the City of New York · 2016
  3. People v. EllisAlbany City Court · 2016
  4. People v. FletcherAuburn City Court · 2001
  5. People v. KehoeNew York Justice Court · 2011

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