25 N.Y.3d 366 (2015)
An accusatory instrument charging forcible touching must contain non-hearsay allegations that, if true, establish reasonable cause to believe the defendant committed the offense, including the element of lack of legitimate purpose.
Summary
The New York Court of Appeals addressed whether an accusatory instrument charging forcible touching was facially sufficient. The Court held that the instrument, which alleged the defendant smacked the complainant’s buttocks, sufficiently established the elements of the crime, including the lack of a legitimate purpose. The Court reasoned that, given the context and the intimate nature of the act, the instrument provided enough factual allegations from which to infer that the defendant acted without a legitimate purpose, thus satisfying the facial sufficiency requirements. The Court reversed the Appellate Term’s decision, which had dismissed the information.
Facts
Frankie Hatton was charged with multiple counts of forcible touching, sexual abuse, and harassment. The charges stemmed from incidents where he allegedly smacked the buttocks of several women. The accusatory instruments included factual allegations, witness statements, and the defendant’s own statement. Hatton pleaded guilty to one count of forcible touching. The Appellate Term reversed the conviction, finding the accusatory instrument facially insufficient. The People appealed to the Court of Appeals.
Procedural History
Hatton was originally arraigned on multiple accusatory instruments. He pleaded guilty to one count, but the Appellate Term reversed the conviction, dismissing the accusatory instrument. The People appealed. The Court of Appeals granted leave to appeal.
Issue(s)
1. Whether the defendant implicitly waived his right to be prosecuted by information.
2. Whether the accusatory instrument contained sufficient factual allegations to establish all the elements of forcible touching, specifically the lack of legitimate purpose.
Holding
1. No, because the record did not support a finding of implied waiver.
2. Yes, because the factual allegations, when read fairly, supported an inference of no legitimate purpose.
Court’s Reasoning
The Court first addressed whether Hatton waived his right to be prosecuted by information. It found that a statement by Hatton’s counsel did not constitute a waiver because the counsel explicitly preserved Hatton’s right to prosecution by information. The Court then addressed the facial sufficiency of the accusatory instrument. The Court stated the instrument must establish reasonable cause and contain non-hearsay allegations which, if true, establish every element of the offense. The Court determined that the allegations that Hatton smacked the complainant’s buttocks, causing her to become alarmed and annoyed, sufficiently established the actus reus and the lack of consent elements. The Court emphasized that, intent may be inferred 'from the act itself,' and that the lack of a legitimate purpose may be reasonably inferred from the act of smacking someone’s buttocks, given the intimate nature of the act and the complainant’s reaction.
The Court also rejected the argument that the instrument was deficient because it did not negate all possible defenses. The Court clarified that the People need only allege facts that, if true, establish the elements of the offense, and they are not required to anticipate and negate every potential defense. The dissent argued the allegations were too sparse to create any inferences establishing the “no legitimate purpose” element.
Practical Implications
Prosecutors drafting accusatory instruments for forcible touching cases must ensure that the factual allegations provide a sufficient basis for inferring all elements of the crime, including the lack of a legitimate purpose. While the Hatton decision does not create a per se rule, it suggests that alleging conduct on its face lacking a legitimate purpose (e.g. in a public setting without a prior relationship) is sufficient to establish the element. Prosecutors should carefully consider the context of the alleged conduct. The case also confirms that the People are not required to negate all possible defenses in the accusatory instrument. This case highlights the importance of detailed factual pleadings in criminal complaints and informs how similar cases should be analyzed, reinforcing the court’s case-by-case approach, focusing on the facts alleged within the instrument.