People v. Bebbah, 9 N.Y.2d 565 (1961)
An information serving as the basis for a trial and conviction must be supported by sworn factual allegations demonstrating the complainant’s knowledge or identifiable sources and grounds for belief that a crime has been committed; an information based solely on generalized hearsay is insufficient to establish jurisdiction.
Summary
The New York Court of Appeals reversed the conviction of the defendant for driving while intoxicated, finding that the information upon which the conviction was based was insufficient. The information, sworn to by a police officer, lacked any personal knowledge of the facts and relied solely on conversations with other individuals without specifying the content of those conversations or establishing any factual basis for the officer’s belief that the defendant had committed the offense. The Court held that an information must be supported by sworn factual allegations demonstrating either the complainant’s knowledge or identifiable sources and grounds for belief to establish jurisdiction.
Facts
The defendant was convicted in the City Court of New Rochelle for driving while intoxicated. The information that initiated the proceedings was sworn to by a police officer who lacked personal knowledge of the facts underlying the charge. The information stated that the allegations were based on information and belief, with the “source” of the information and “grounds” for belief being “conversations between” four named individuals. The information did not specify the content of these conversations or how they related to the alleged offense.
Procedural History
The defendant was arraigned, tried, convicted, and fined in the City Court of New Rochelle. At trial, the defendant challenged the sufficiency of the information by appropriate motion. The case was appealed, ultimately reaching the New York Court of Appeals.
Issue(s)
Whether an information, used as a pleading for trial and conviction, is sufficient when it is based entirely on hearsay and lacks any sworn factual support from a person with knowledge of the facts or identifiable sources and grounds for belief.
Holding
No, because an information must be supported by sworn factual allegations that demonstrate either the complainant’s knowledge of the facts or provide identifiable sources and grounds for belief that a crime has been committed. A generalized reference to “conversations” without specifying their content or factual basis is insufficient to establish jurisdiction.
Court’s Reasoning
The Court of Appeals relied heavily on its prior decision in People ex rel. Livingston v. Wyatt, 186 N.Y. 383, which emphasized the need for an information to be supported by some sworn knowledge of facts to establish jurisdiction. The court reasoned that criminal proceedings must be underpinned by “the sanction of an oath and subject to the penalty for perjury if willfully false.” The Court distinguished the present case from People v. Belcher, 302 N.Y. 529, where the information was based on the complainant’s personal knowledge, and from People v. Jacoby, 304 N.Y. 33, where the defendant admitted guilt under oath. Citing People v. James, 4 N.Y.2d 482, the Court stated that an information used solely as a pleading must be sworn to by a person competent to testify as to the facts or, at the very least, provide identifiable sources of information and grounds for belief. The Court emphasized that both conditions—identifiable sources and factual grounds for belief—must be met. Because the complaining officer lacked personal knowledge and the information provided no factual basis for believing the unspecified “conversations” established probable cause, the Court held the information insufficient and reversed the conviction. The court found that the information failed to provide the Magistrate with any sworn factual support for the criminal charge, rendering the proceedings jurisdictionally defective.