On October 15, 2020 the Court of Appeals issued a decision in People v. Hardy, holding that the trial court no longer has the authority to permit factual amendments to misdemeanor complaints and informations. This decision displaced the long standing “Easton” rule that stood for the proposition that an amendment could be made to date, time, or place, as long as it did not prejudice the defendant.

Mr. Hardy was arraigned on a misdemeanor complaint charging him with harassment and criminal contempt. The accusatory instrument incorrectly alleged that the crime occurred on or about October 25, 2015 – a date that would not occur for another nine months. Defense counsel objected to the accusatory instrument arguing that it included the wrong date and the Court responded that it was a typographical error that the People could move to amend at any time. The People made an oral motion to amend the date and it was granted. Mr. Hardy subsequently pled guilty to criminal contempt as charged in the amended accusatory.

Mr. Hardy then appealed his conviction, arguing that the accusatory was facially insufficient and that the court impermissibly allowed the People to amend the instrument. The Appellate Term recognized that case law was inconsistent in this area, but eventually upheld the trial court’s decision reasoning that the courts retain the inherent authority to permit factual amendments to these types of instruments pursuant to the guidelines set forth in People v. Easton, 92 N.Y.S.3d 536.

The case then went to the Court of Appeals, the highest Court in New York State. The Court of Appeals held the Criminal Procedure Law provides no legislative authority to permit amendments to date, time and place when it comes to misdemeanor complaints and information. The CPL only permits these types of amendments in indictments, prosecutor and superior court informations.

Because the court lacked the authority to permit the amendment, the Court of Appeals found the accusatory to be jurisdictionally defective and it was dismissed.

Due to this nuance in the law, it is important that every criminal defendant have experienced counsel to review the pertinent accusatory instrument with a critical eye to determine if it is defective or facially insufficient. If you or someone you know has a pending criminal matter and needs assistance, please do not hesitate to contact the attorneys at FMLaw with your questions.