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People v. Chive

Other Lower Courts

December 6, 2001

The People of the State of New York, Plaintiff,
v.
Rosa Chive, Defendant.

Page 654

COUNSEL

Legal Aid Society, Kew Gardens (Michele Maxian and Risa Procton of counsel), for defendant.

Richard A. Brown, District Attorney of Queens County, Kew Gardens (Jason Garelick and Joshua D. Martin of counsel), for plaintiff.

OPINION

Charles J. Markey, J.

At a time of heightened national attention to the issue of " homeland security," the case at bar presents facts regarding altered passports that have never been previously raised in the New York courts.

Defendant Rosa Chive is charged, by a second superceding misdemeanor information, dated April 26, 2001, with criminal impersonation in the second degree (Penal Law § 190.25 [1]) and two counts of criminal possession of a forged instrument in the third degree (Penal Law § 170.20).

Upon the foregoing papers, specifically, the defendant's omnibus motion, filed on October 9, 2001, the defendant seeks an order dismissing all charges against her on grounds of facial insufficiency, suppressing physical evidence or a hearing on the admissibility of such evidence, and precluding the People from using at trial her oral statement to a police officer.

The Facts

Initially, the court notes that this is the third accusatory instrument attempted by the People. Previous instruments included the original information signed by Officer Kenneth

Page 655

McCann, of the 13th Police Precinct, on February 11, 2001, and a first superceding information signed by Officer McCann on March 14, 2001.

According to the second superceding information, on February 11, 2001, on Austin Street (not Austin Boulevard, as that street is incorrectly labeled), in Queens County, the defendant was sitting in the front passenger seat of a vehicle that had been stopped for a traffic infraction. The second superceding information, aside from the aforementioned error in describing the street where the incident allegedly took place, fails to provide a description of the vehicle, any information regarding the car's registration, the defendant's ownership interest in the vehicle, the name of the driver, the defendant's relationship with the driver, and the type of alleged infraction for which the car was stopped. The foregoing items of information would all be pertinent in determining the issue of defendant's standing with regard to the police search. Even on this motion, neither the motion papers nor the papers in opposition attempt to fill in these missing holes.

The information continues that, pursuant to an inventory search of the vehicle, Police Officer McCann found a cosmetics purse. Defendant told the police officer that the purse belonged to her. Inside the purse was a passport issued by the government of Thailand to a Jennifer Ross. The original picture had been removed, and defendant's ...


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