PEOPLE v. McCAIN

Nos. 9, 10.

30 N.Y.3d 1121 (2018)

2018 NY Slip Op 01018

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DOUGLAS McCAIN, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALBERT EDWARD, Appellant.

Court of Appeals of New York.

Decided February 13, 2018.


Attorney(s) appearing for the Case

Seymour W. James, Jr. , The Legal Aid Society, New York City (Amy Donner of counsel), for appellant in the first above-entitled action.

Richard A. Brown , District Attorney, Kew Gardens ( Kayonia L. Whetstone , John M. Castellano and Joseph N. Ferdenzi of counsel), for respondent in the first above-entitled action.

Seymour W. James, Jr. , The Legal Aid Society, New York City ( Lawrence T. Hausman and Whitney A. Robinson of counsel), for appellant in the second above-entitled action.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Sheryl Feldman and Alan Gadlin of counsel), for respondent in the second above-entitled action.

Chief Judge DiFIORE and Judges RIVERA, STEIN, FAHEY, GARCIA and FEINMAN concur, Judge STEIN in a concurring opinion. Judge WILSON dissents in an opinion.


OPINION OF THE COURT

MEMORANDUM.

On each appeal, the order of the Appellate Term should be affirmed.

The factual allegations of a misdemeanor complaint must establish "reasonable cause" to believe that a defendant committed the charged offense (see CPL 100.40 [4] [b]; People v Kalin, 12 N.Y.3d 225, 228 [2009]). Reasonable cause "exists when evidence...

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