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People v. Drelich

Disorderly Conduct Conviction Reversed; Accusatory Instrument Jurisdictionally Defective

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*1  Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Ann E. Scherzer, J.), rendered January 8, 2014, convicting him, upon his plea of guilty, of disorderly conduct and imposing sentence.Per Curiam.Judgment of conviction (Ann E. Scherzer, J.), rendered January 8, 2014, reversed, on the law, accusatory instrument dismissed, and surcharge and fees remitted.The accusatory instrument was jurisdictionally defective, since the misdemeanor complaint and supporting deposition failed to allege “facts of an evidentiary character” (CPL 100.15[3]) demonstrating “reasonable cause” to believe (CPL 100.40[4][b]) that defendant was guilty of patronizing a prostitute in the third degree (see Penal Law §230.04), the sole charge contained therein. The single-

*2

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