Legal Opinion · Concurrence

People v. Brooks

Appellate Terms of the Supreme Court of New York

Decided October 25, 2001Published

1ConcurrenceLucindo Suarez, J.

I concur with the majority *252that the criminal court’s grant of defendant’s speedy trial motion was in error as she failed to formally raise a hearsay challenge to the criminal impersonation count. I write separately, however, to call into question the legitimacy of the “hybrid” information. At the core of this appeal lies the question — what constitutes a valid information within the meaning of CPL 100.40 (1) (c) for purposes of CPL 30.30 (1) (b), when charging converted and defective counts in the same accusatory instrument. I conclude, as a matter of statutory construction, that defective…

2Cases cited23 opinions

  1. People v. AlejandroNew York Court of Appeals · 1987
  2. People v. CaseyNew York Court of Appeals · 2000
  3. People v. KendziaNew York Court of Appeals · 1985
  4. People v. CortesNew York Court of Appeals · 1992
  5. People v. WorleyNew York Court of Appeals · 1985

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