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​ THE MISDEMEANOR INFORMATION WAS BASED ON THE POLICE OFFICER’S UNEXPLAINED CONCLUSION THE DOCUMENT WAS FORGED AND DID NOT ALLEGE FACTS TO SUPPORT ALL THE ELEMENTS OF THE OFFENSE; CONVICTION REVERSED AND INFORMATION DISMISSED (SECOND DEPT).

The Second Department, reversing the conviction and dismissing the misdemeanor information, determined the factual allegations in the information were not sufficient to provide notice of the charged offense. The information relied on the police officer’s conclusory statement that the document was forged:

Where … an allegation “involves a conclusion drawn by a police officer that involves the exercise of professional skill or experience, some explanation concerning the basis for that conclusion must be evident from the accusatory instrument” … .

… [T]he information failed to include sufficient factual allegations regarding the basis for the officer’s conclusion that the “Texas buy tag” was forged. Mere reliance on “his training in the detection and identification of forged instruments” is insufficient. Although the officer made reference to the use of “Z-finest,” he did not explain what “Z-finest” is or how it helped him determine that the tag was forged. Further, he did not explain or describe the Texas “buy tag.” These allegations are too conclusory to meet the prima facie case requirement on the issue of whether the buy tag was a forgery … .

… [E]ven assuming that the information sufficiently alleged that the buy tag was a forgery, the information failed to provide sufficient factual allegations to “establish a presumption that [the] defendant had knowledge of the forged nature of the instrument” … . People v Rodriguez, 2023 NY Slip Op 01535, Second Dept 3-22-23

Practice Point: A misdemeanor information must include factual allegations which support every element of the charged offense. Here the police officer’s unexplained conclusion the document was forged was insufficient. In addition the element requiring knowledge the document was forged was not addressed by the factual allegations. The conviction was reversed and the information dismissed.

 

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