People v. Daryl K – Case Brief Summary (New York)

In People v. Daryl K., N.Y.L.J 7/7/93, p. 24, col. 6 (App. Term 2nd Dept.), after the victim testified that he had never read the complaint, and despite signing an affidavit to the contrary, the court ordered a post-trial hearing to "establish the facts surrounding the signing of the corroborating affidavit," and found that the victim never read the complaint. Id.

Significantly, the decision contains no findings of fact about the victim's knowledge of the allegations in the complaint.

However, the court granted the motion and dismissed the action, in part, because the misdemeanor complaint had not been converted and, as a result, the court lacked jurisdiction.

Whether the court also found the witness's hearing testimony inconsistent with the complaint cannot be ascertained from the opinion. Id.

New York Affidavit Case Brief Complaint Court Order Dismiss Jurisdiction Misdemeanor Motions Testimony Victim

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