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People v. Perez

Information Fails to Allege Sufficient Facts to Support Fraudulent Accosting Charge

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DECISION AND ORDER

*1 The Defendant, Manuel Perez is charged with one count of Fraudulent Accosting, PL §165.30, one count of Criminal Possession of Stolen Property in the Fifth Degree, PL §165.40 and one count of Petit Larceny, PL §155.25. The Defendant moves for dismissal of the Information as facially insufficient pursuant to CPL §§170.30[1][a] and 170.35[1][a], as well as for other relief. For the reasons stated below, the Defendant’s motion to dismiss is granted.Facial Sufficiency in GeneralAn accusatory instrument is a non-waivable 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 substantially conform to the formal requirements of CPL 100.15 (CPL §100.40[1][a]); second, the factual allegations and any supporting depositions must “provide reasonable cause to believe the defendant committed the offense charged” (CPL §100.40[1][b]); and third, the non-hearsay allegations, if true, must establish every element of the offense charged and the defendant’s commission thereof (CPL §§100.15[3] and CPL §100.40[1][c]; see People v. Dumas, 68 NY2d 729 [1986]; see also People v. Alejandro, 70 NY2d 133 [1987]). “Reasonable cause to believe that a person has committed an offense exists when evidence

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