Judge Elisa Koenderman
Maceda was charged with assault and harassment. He moved for dismissal of the accusatory instrument alleging the information was defective as it contained hearsay. Maceda claimed that as complainant's supporting deposition was not filed with an affidavit from a qualified interpreter certifying they accurately translated the misdemeanor complaint to complainant, same was improperly deemed an information. The court disagreed finding contrary to Maceda's position, the issue of whether complainant misread or misunderstood the complaint because of a language barrier was considered a latent defect which did not affect the facial sufficiency of the instrument. It stated that as the supporting deposition was valid on its face, the certificate of translation was not required to deem the complaint an information, or for the information to be facially sufficient. The court noted as there was no indication on its face the complainant did not read or understand the accusatory instrument, the supporting deposition sufficed to convert the complaint to an information. Thus, as the non-hearsay factual allegations of the information established every element of the offenses charged, Maceda's motion to dismiss for facial insufficiency was denied.
