People v. Powlowski

In People v. Powlowski, 172 Misc 2d 240, 658 N.Y.S.2d 558 (City Court, City of Rochester 1997) the Court concluded that CPL 200.60 was not applicable to accusatory instruments filed in local criminal courts. However, that court held that where a defendant is charged with driving while impaired as a misdemeanor, the predicate conviction must be alleged in the accusatory instrument, and not in a prosecutor's information. The court reasoned that had the Legislature intended for CPL 200.60 to apply to local criminal court accusatory instruments it would have included analogous language in CPL Article 100 or referenced section 200.60 to reflect its intention, as it had in analogous sections of the CPL. The court observed further, by way of examples, that the Legislature included language in CPL 100.35 form and content of a prosecutor's information, which references CPL 200.50 form and content of indictment and CPL 200.20 and 200.40 joinder and consolidation of indictments. CPL 100.45(1), which governs severance, consolidation, amendment and bills of particulars with respect to criminal court accusatory instruments, references provisions of the CPL governing indictments. CPL 100.45(1), provides that "where appropriate, the provisions of sections 200.20 and 200.40... apply to informations, to prosecutor's informations, and to misdemeanor complaints."