People v. Bowman, 6 N.Y.3d 144 (2005)

The Criminal Procedure Law authorizes the prosecution to file a new information that alleges additional facts or charges offenses not included in a previously filed information, provided they stem from the same criminal transaction.

Summary

This case addresses the permissible scope of amending or supplementing a criminal information. The Court of Appeals held that prosecutors are not limited to using a prosecutor’s information when adding new charges or facts. They can file a new, separate information. The court reasoned that CPL 100.50(1) permits filing “another information” without restricting the type of crimes included. This implies new facts can be alleged to support additional offenses. The decision aligns with the legislative intent to allow prosecutors flexibility in pursuing charges based on evolving evidence and mirrors the freedom to obtain new grand jury indictments. The court also clarified that hearsay statements can be used to establish reasonable cause for arrest, even if inadmissible to prove guilt.

Facts

Police responded to a domestic violence report. The alleged victim stated Bowman assaulted her and requested his removal from the home. Bowman refused to leave, allegedly threatened an officer, struck him with a bag, and resisted arrest. The victim later declined to press assault charges.

Procedural History

Bowman was initially charged with assault and resisting arrest. After the victim refused to cooperate on the assault charge, the prosecution filed a superseding information elaborating on the resisting arrest charge and a successive information charging second-degree harassment. The original assault and resisting arrest informations were dismissed. The District Court dismissed the new informations, arguing CPL 100.50 prohibited the harassment charge and that both new informations were defective due to new, unsupported factual allegations. The Appellate Term modified, reinstating the informations. The Court of Appeals affirmed the Appellate Term’s decision.

Issue(s)

1. Whether CPL 100.50 prohibits the People from charging a new crime (harassment) in a successive information when that crime was not charged in the original information.
2. Whether a superseding information charging resisting arrest is defective if it relies on hearsay statements to establish reasonable cause for the arrest.

Holding

1. No, because CPL 100.50(1) authorizes the People to file “another information” prior to the entry of a plea or commencement of a trial, without restrictions on the type of crimes included. This implies new facts can be alleged to support additional offenses.
2. No, because the information was not used to prove the truth of the victim’s assertion but to demonstrate that there was reasonable cause to arrest the defendant.

Court’s Reasoning

The Court interpreted CPL 100.50(1) to permit filing a new information with new charges and facts. The statute does not restrict the crimes that may be included. The court reasoned that the legislative intent behind CPL 100.50(1) was to establish authority for superseding informations, mirroring the rules for superseding indictments. Quoting People v. Franco, 86 NY2d 493, 500 (1995), the court noted that a prosecutor has freedom to obtain a new grand jury indictment with charges not considered by the first grand jury, based on additional proof. The court stated that “the Legislature intended that prosecutors should also be able to issue an information that charges new, joinable crimes premised on factual allegations that were not included in the original information.” Regarding the hearsay issue, the court cited People v. Huertas, 75 NY2d 487, 492 (1990) and People v. Felder, 37 NY2d 779, 780-781 (1975) to support the principle that hearsay can be used to establish reasonable cause.