People v. Stridiron

In People v. Stridiron, 175 Misc 2d 16, 19, 667 NYS2d 621, 624 (Crim Ct, Queens County 1997), a one-day discrepancy between the date of occurrence in the Domestic Incident Report (DIR) and the date of occurrence alleged in the complaint led the court to conclude that it was "arguably unclear whether or not the DIR and the complaint refer to the same incident." (Id.) The court accordingly refused to deem the complaint converted. (Id.) The Court opined that a DIR may qualify as a supporting deposition if either the document "refer[s] to the facts in the accusatory instrument or ... recites factual allegations which substantially mirror those set forth in the accusatory instrument." The court included the requirement that: "If a document offered as a supporting deposition does not refer to the accusatory instrument, it must contain the same facts as the factual portion of the accusatory instrument." (Stridiron, supra.)