Legal Aid Society, New York City (
Donna Klett of counsel), for defendant.
Robert M. Morgenthau, District Attorney, New York City (
Argi M. Krypotos of counsel), for plaintiff.
OPINION OF THE COURT
GERALD HARRIS, J. This case presents the novel issue of what evidence is 11A, CPL 160.50, 2003 Pocket Part, at 330 [internal quotation marks omitted].) Furthermore, the People have made no motion to unseal the dismissed case either in this or a superior court. (It is perplexing that the People have failed to pursue the obvious, and simple, alternative of obtaining a properly authenticated copy of the public record to support the charge of bail jumping.) Without being able to examine the record of that sealed case, the court is unable to determine the facts which the People request the court to judicially notice. Thus, in this particular instance, resort to the doctrine of judicial notice is not available to remedy the otherwise hearsay allegations of the complaint. Accordingly, the charge of bail jumping in the complaint has not been converted to an information.