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THE PEOPLE, app, v. MANUEL FIGUEROA, def-res

16-505. THE PEOPLE, app, v. MANUEL FIGUEROA, def-res — Order (Laurence E. Busching, J.), dated May 23, 2016, affirmed.

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16-505. THE PEOPLE, app, v. MANUEL FIGUEROA, def-res — Order (Laurence E. Busching, J.), dated May 23, 2016, affirmed.

The information charging defendant with possessing a “black pump shotgun” without the requisite permit/certificate of registration (see Administrative Code of City of N.Y. §§10-303, 10-304) was jurisdictionally defective, since it lacked the necessary nonhearsay allegations which would establish, “if true, every element of the offense charged and the defendant’s commission thereof” (CPL 100.40[1] [c]; 100.15[3]; see People v. Alejandro, 70 NY2d 133 [1987]). In particular, the deponent police officer’s sworn statement that his “search” of the “New York City database (Automated License and Permit System [ALPS]) maintained by the NYPD…revealed that [defendant] is not a holder of a New York City permit/certificate” for the firearm at issue, did not constitute a nonhearsay allegation or an allegation that “would be admissible under some hearsay rule exception” (People v. Casey, 95 NY2d 354, 361 [2000]). Inasmuch as the deponent did not describe himself as a person having “legal custody” of the aforementioned police department records, his statement regarding the lack of any record or entry in a record that defendant possessed the requisite permit or certificate was inadmissible (see CPLR 4521; CPL §60.10).

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