People v. Velez

OPINION OF THE COURT

William Miller, J.

Defendant Luis Velez moves to dismiss the instant accusatory instrument pursuant to CPL 170.30 (1) (a) on the grounds that the complaint fails to allege nonhearsay facts which establish every element of the crimes charged as required by CPL 100.40 (1) (c). Defendant’s motion arises from the following set of facts:

The defendant was arrested on June 13, 1990 and charged *593with unauthorized use of a vehicle in the third degree and criminal possession of stolen property in the fifth degree. The factual allegations of the complaint, in pertinent part, state,…