People v. Carter

OPINION OF THE COURT

John W. Fried, J.

Can a person be convicted of criminal mischief for intentionally damaging his marital residence, the title to which he acquired before his marriage, and which title always has been in his name? That is the question raised by defendant’s motion to dismiss the information charging him with criminal mischief in the fourth degree, in violation of Penal Law § 145.00 (l).1

The motion, pursuant to CPL 170.30 (1) (a) and 170.35 (1) (a), is premised on the grounds that the information, on its face, is legally insufficient, and thus jurisdictionally deficient,…