People v. Dumas, 68 N.Y.2d 729 (1986)

A misdemeanor complaint charging a drug sale must contain factual allegations of an evidentiary character establishing reasonable cause to believe the defendant committed the crime, and conclusory statements are insufficient without supporting facts.

Summary

The New York Court of Appeals reversed the Appellate Term’s orders, reinstating the Criminal Court’s dismissal of misdemeanor complaints. The court held that the complaints were facially insufficient because they lacked evidentiary facts to support the conclusion that the substance sold was marijuana. The complaints relied on conclusory statements from an undercover officer without detailing the officer’s expertise in identifying marijuana or any representations by the defendant about the substance. The court emphasized that a misdemeanor complaint must provide sufficient facts for the court to determine whether the defendant should be held for further action and to justify the issuance of an arrest warrant.

Facts

An undercover police officer allegedly purchased marijuana from the defendant, Dumas. The misdemeanor complaint stated that the deponent was informed by an undercover officer that Dumas knowingly and unlawfully sold marijuana, specifically, two clear plastic bags of marijuana, for a sum of U.S. currency. A similar complaint was filed in the Fausto case.

Procedural History

The Criminal Court dismissed the misdemeanor complaints as facially insufficient. The Appellate Term reversed the Criminal Court’s decision. The New York Court of Appeals then reviewed the Appellate Term’s orders.

Issue(s)

Whether a misdemeanor complaint alleging the sale of marijuana is facially sufficient when it relies on a conclusory statement from an undercover officer without providing evidentiary facts supporting the conclusion that the substance sold was marijuana.

Holding

No, because the factual part of a misdemeanor complaint must allege “facts of an evidentiary character” demonstrating “reasonable cause” to believe the defendant committed the crime charged. The complaint must allow the court to determine whether the defendant should be held for further action.

Court’s Reasoning

The Court of Appeals found the misdemeanor complaints facially insufficient because they contained only conclusory statements that the defendant sold marijuana without providing any evidentiary facts to support that conclusion. The court noted the absence of any allegation that the police officer was an expert in identifying marijuana, referencing People v. Kenny, or any allegation that the defendant represented the substance as being marijuana. The supporting depositions, in which the undercover officer merely adopted the statements in the complaints, did not provide additional facts. The court emphasized that misdemeanor complaints must contain sufficient facts for the court to determine whether the defendant should be held for further action, especially considering that the complaint alone may serve as the basis for issuing an arrest warrant. As the court stated, the factual part of a misdemeanor complaint must allege “facts of an evidentiary character” (CPL 100.15 [3]) demonstrating “reasonable cause” to believe the defendant committed the crime charged (CPL 100.40 [4] [b]). The court distinguished this from a mere pleading defect, highlighting the importance of factual allegations for establishing reasonable cause.