People v. Tennyson, 21 N.Y.2d 573 (1968)

An information based on hearsay is sufficient for an arrest if it sets forth the source of the affiant’s knowledge and grounds for belief, particularly when the source is the victim of the alleged crime, creating a reasonable inference that the defendant was accused of the crime.

Summary

Tennyson was convicted of assault based on an information sworn by a police officer who relied on a conversation with the victim. The New York Court of Appeals affirmed the conviction, holding that the information was sufficient because it indicated the source of the officer’s knowledge (the victim). The court reasoned that referencing the victim as the source implies the victim accused Tennyson of the crime, subject to perjury if false. The court also addressed the issue of sentencing, noting that imposing imprisonment exceeding one year for a misdemeanor due to indigency violates equal protection and constitutional bans against excessive fines, but allowed Tennyson to apply for resentencing based on indigency.

Facts

In the early morning, Tennyson allegedly opened the car door of a parked vehicle, shined a light inside, and ordered the male occupant out. He then threatened the occupant with a knife. When another car approached, Tennyson fled. The victim flagged down the passing car, which was a police vehicle, leading to Tennyson’s arrest. The arresting officer swore to an information for third-degree assault based on “conversations had” with the victim.

Procedural History

Tennyson was convicted of misdemeanor assault in the third degree. He was sentenced to a year in prison and a $500 fine, with additional imprisonment possible for non-payment of the fine. Tennyson appealed the conviction. While the appeal was pending, the Court of Appeals decided People v. Saffore, concerning excessive imprisonment for indigents unable to pay fines.

Issue(s)

1. Whether an information based on hearsay is sufficient when the source is identified as the victim of the alleged crime.
2. Whether a sentence imposing imprisonment exceeding one year for a misdemeanor, due to the defendant’s indigency and inability to pay a fine, violates equal protection and the constitutional ban against excessive fines.

Holding

1. Yes, because referencing the victim as the source of the information creates a reasonable inference that the victim accused the defendant of committing the crime.
2. The court did not directly rule on this, but indicated that if Tennyson could prove indigency, he would be entitled to modification of the sentence based on the precedent set in People v. Saffore.

Court’s Reasoning

The court distinguished this case from People v. Jeffries, where the hearsay source was vague. Here, the source was the victim, leading to the inference that the victim accused Tennyson. The court stated that the information sworn to by the police officer sufficiently sets forth the sources of his knowledge, as well as the grounds for his belief, that the defendant had committed a crime. The court reasoned that “the source of the hearsay was the very victim of the assault and the only possible inference is that, during the conversation described, the defendant was accused of having committed the crime.” The court emphasized that a false statement by the officer about the conversation with the victim would amount to perjury. Regarding the sentence, the court cited People v. Saffore, stating that “imprisonment to work out the fine, if it results in a total imprisonment of more than a year for a misdemeanor, is unauthorized… and violates the defendant’s right to equal protection of the law, and the constitutional ban against excessive fines.” Therefore, Tennyson’s conviction was affirmed, but he was given leave to apply for resentencing based on indigency. Judges Burke, Scileppi, and Breitel concurred in the result based on the reasoning in the dissenting opinion in People v. Jeffries.