Where The Indictment Does Not Provide Fair Notice Of The Crime Charged It Is Jurisdictionally Defective

People v Saenger, 39 N.Y.3d 433 (2023) ​

New York Court of Appeals

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Legal Issue

In People v Saenger, the primary legal issue revolves around whether the count of the indictment charging the defendant with aggravated family offense was jurisdictionally defective due to the failure to specify the underlying misdemeanor offense. ​ Additionally, the defendant contends that his conviction of criminal contempt in the first degree should be vacated on the grounds of ineffective assistance of counsel. ​

Facts of the Case

In 2016, Michael Saenger entered the apartment of his former girlfriend, violating a stay-away order of protection. ​ The People alleged that Saenger placed his hands around the complainant’s neck and stole her identification cards. ​ Saenger was charged by indictment with burglary in the second degree, petit larceny, two counts of criminal contempt in the first degree, one count of criminal contempt in the second degree, and aggravated family offense. ​ The indictment did not specify the offense underlying the aggravated family offense charge. ​ During the charge conference, the People specified that the underlying misdemeanor offense for aggravated family offense was criminal contempt in the second degree. ​

A jury found Saenger guilty of one count of criminal contempt in the first degree, criminal contempt in the second degree, and aggravated family offense, and acquitted him of the remaining charges. ​ On appeal, the Appellate Division modified the judgment by vacating Saenger’s conviction of criminal contempt in the second degree as a lesser included offense of criminal contempt in the first degree, and otherwise affirmed. ​

Court’s Holding ​

The Court of Appeals held that the count of the indictment charging Saenger with aggravated family offense was jurisdictionally defective and must be dismissed. ​ The court upheld Saenger’s conviction of criminal contempt in the first degree, stating that Saenger had not demonstrated that his trial counsel was ineffective with respect to that count. ​

Applicable Law

Penal Law § 240.75 ​

A defendant commits the crime of aggravated family offense when they commit a misdemeanor defined in subdivision two of this section as a specified offense and have been convicted of one or more specified offenses within the immediately preceding five years. ​ Subdivision (2) of the statute contains 54 specified offenses, including 36 felonies and 18 misdemeanors. ​ To qualify as a specified offense, the defendant and the person against whom the offense was committed must be members of the same family or household. ​

Penal Law § 215.51 (c) ​

A defendant is guilty of first-degree criminal contempt when they commit the crime of second-degree criminal contempt by violating that part of a duly served order of protection which requires the defendant to stay away from the protected person, and where the defendant has been previously convicted of the crime of aggravated criminal contempt or criminal contempt in the first or second degree for violating an order of protection within the preceding five years. ​

Key Terms for Better Understanding

  • Aggravated Family Offense: A crime involving the commission of a specified misdemeanor offense against a family or household member, with a prior conviction of specified offenses within the preceding five years. ​
  • Stay-Away Order of Protection: A court order requiring an individual to stay away from another person, typically issued in cases of domestic violence. ​
  • Burglary: The unlawful entry into a building with the intent to commit a crime inside. ​
  • Petit Larceny: The theft of property valued at a relatively low amount.
  • Criminal Contempt: The act of disobeying or disrespecting a court order.
  • Jurisdictionally Defective: A legal term indicating that a charge or indictment is invalid due to a failure to meet legal requirements. ​
  • Bill of Particulars: A detailed, written statement of charges or claims provided by the prosecution to the defense. ​
  • Facial Sufficiency: The adequacy of an indictment or charge based on its face, without considering external evidence. ​
  • Indictment: A formal charge or accusation of a serious crime.
  • Appellate Division: A higher court that reviews the decisions of lower courts.

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Conclusion

The Court of Appeals in People v Saenger addressed significant issues regarding the sufficiency of indictments and the effectiveness of legal counsel. The court’s decision to dismiss the count of aggravated family offense due to its jurisdictional defect underscores the importance of providing defendants with clear and specific charges to ensure fair notice and the ability to prepare a defense. ​ The court’s affirmation of Saenger’s conviction of criminal contempt in the first degree highlights the complexities of interpreting statutory language and the standards for evaluating claims of ineffective assistance of counsel. ​