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People v. Pena

Information Facially Insufficient to Charge Defendant With Possession of Stolen Property

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DECISION AND ORDER

*1 The Defendant, Leudy Polanco Pena, is charged by Superseding Information with one count of Criminal Possession of Stolen Property in the Fifth Degree (Penal Law §165.40). The Superseding Information alleges that the Defendant, along with separately charged Defendant Francis Reyno (Docket No. 2017NY035522), was found in possession of money orders that contained other peoples’ names. The Defendant has moved to dismiss the Superseding Information for facial insufficiency. For the following reasons, Defendant Polanco Pena’s motion is GRANTED to the extent indicated below.”A valid and sufficient accusatory instrument is a nonwaivable jurisdictional prerequisite to a criminal prosecution” (People v. Case, 42 NY2d 98, 99 [1977]). An information is sufficient on its face when the three requirements enumerated in CPL 100.40 [1] are met: first, the information must conform to the form contents of CPL 100.15 (CPL 100.40 [1] [a]); second, the factual allegations and any supporting depositions must “provide reasonable cause to believe that the defendant committed the offense charged” (CPL 100.40 [1] [b]); and, third, the non-hearsay

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