People v. Case, 69 N.Y.2d 917 (1987)
In a criminal action, the court obtains jurisdiction only through the filing of valid and sufficient accusatory instruments that comply with the verification requirements of the Criminal Procedure Law (CPL).
Summary
The defendant was charged with violating a town zoning ordinance. The charges were initiated via a “notice of violation” and a “complaint violation.” The New York Court of Appeals reversed the County Court’s order, holding that the instruments served upon the defendant were not valid accusatory instruments because they failed to meet the verification requirements of the CPL. Since violation of the zoning ordinance is a criminal act, the criminal action was improperly commenced, and the court lacked jurisdiction. The motion to dismiss should have been granted.
Facts
The Town of Brighton served the defendant with a “notice of violation” and a “complaint violation,” alleging that he had breached the town’s zoning ordinance. The town’s zoning ordinance deems a violation a criminal act.
Procedural History
The defendant was served with a notice of violation and a complaint violation in Town Court. The County Court reviewed the lower court ruling. The New York Court of Appeals then reviewed the County Court’s order.
Issue(s)
Whether a “notice of violation” and a “complaint violation” constitute valid accusatory instruments in a criminal action for violating a town zoning ordinance, where the instruments are not verified according to CPL 100.15 and CPL 100.30.
Holding
No, because CPL 100.15 requires verification of the accusatory instrument by the complainant, and CPL 100.30 mandates that such verification be made either through an oath before the court or a designated officer, or by including a warning that false statements are punishable as a class A misdemeanor. The instruments in this case lacked the required verification.
Court’s Reasoning
The Court of Appeals reasoned that because the violation of the zoning ordinance is a criminal act under Town Law § 268 and Town of Brighton Zoning Code § 42-34, the proceedings constitute a criminal action. “A criminal action must be commenced by the filing of valid and sufficient accusatory instruments in order for the court to obtain jurisdiction over the matter (see, CPL 100.05; People v Scott, 3 NY2d 148).” The Court then analyzed whether the “notice of violation” and “complaint violation” met the requirements of accusatory instruments under Article 100 of the CPL.
CPL 100.15 requires the accusatory instrument to be verified by the complainant. CPL 100.30 details the required methods for verification, including swearing the instrument before a court, notary public, or designated officer, or including a statutory warning about the penalties for false statements. Since neither instrument was verified according to CPL 100.30, they were not valid accusatory instruments. The court stated, “Inasmuch as neither the notice of violation nor the complaint violation was verified pursuant to CPL 100.30, they were not valid as accusatory instruments. The action therefore must be dismissed (see, People v Scott, supra).” Consequently, the court reversed the County Court’s order and granted the defendant’s motion to dismiss due to lack of jurisdiction.