STATE OF NEW YORK COUNTY OF TIOGA
LOCAL COURT TOWN OF TIOGA
THE Facets OF THE STA TE OF NEW YORK 

Cody A. Franciscovich dob: 05/07/94 FELON COMPLAINT
Defendant 
I

 

BE IT KNOWN, by this complaint, investigator Randy K. Smith, of the New York State Police,
stationed at State Police Bureau of Criminal Investigations, Owego, New York, as the complainant

herein, accuses CODY A. FANCISCOVICH, the abovementioned defendant, with having
committed the felony of Murder in the First Degree, in violation of section 125.27 subdivision
and lb) of the Penal Law Of the State of New York.

THAT, on or about June 2019, while in the St. Patrick's Cemetery located on State Route 170 in
the Town of Tioga, County of Tioga, State of New York, the defendant did intentionally, knowingly
and unlawfully commit the felony crime of Murder in the First degree.

A person Is gu?ty of murder in the ?rst degree when:
1. With intent to cause the death of another person, he causes the death of such person or third
person; and
Either
(vii) the victim was killed while the defendant was in the course of committing or
attempting to commit and in the furtherance of robbery, burglary in the first degree or second
degree, kidnapping in the first degree, arson in the first degree or second degree, rape in the
first degree, criminal sex act in the first degree, sexual abuse in the first degree, aggravated
sexual abuse in the first degree or escape in the first degree, or in the course of and
furtherance of immediate flight after committing or attempting to commit any such crime or in
the course of and furtherance of immediate flight after attempting to commit the crime of
murder in the second degree; provided however, the victim is not a participant in one of the
aforementioned crimes and, provided further that, unless the defendant?s criminal liability
underthis subparagraph is based upon the defendant having comma nded another person to
cause the death of the victim or intended victim pursuant to section 20.00 of this chapter, this
subparagraph shall not apply where the defendant's criminal liability is based upon the
conduct of another pursuant to section 20.00 of this chapter; and
The defendant was more than eighteen years old at the time of the commission of the
crime.

TO WIT: 0n the aforementioned date and place, the abovementioned defendant did knowingly
and intentionally commit the crime of Murder in the First Degree when in the immediate flight
thereafter of committing the crimes of rape in the first degree and criminal sex act in the first
degree he killed his eight month old daughter.

All contrary to the provisions of the above statute of law as herein made and provided.
Murder in the First Degree is a class A-I Felony.

The above allegations of fact are made by the complainant herein upon information and belief,
with the source of the Complainants information and grounds for belief being the official

investigation conducted by members of the New quk State Police.

NOTICE: IN A WRITTEN INSTRUMENT, ANY PERSON WHO KNOWINGLY MAKES A FALSE
STATEMENT. WHICH SUCH PERSON DOES NOT BELIEVE TO BE TRUE, HAS COMMITTED A
CRIME UNDER THE LAWS OF THE STATE OF NEW YORK PUNISHABLE AS A CLASS A
MISDEMEANOR. (PL SECTION 210.45I

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Investigator Randy K. imith
NEW YIDRK STATE POLICE
Owego

Affirmed under penalty of perjury
This day of June, 2019.