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Legal Opinion

People v. Benjamin

Criminal Court of the City of New York

Decided June 26, 2008Published

1Opinion of the Court

*662OPINION OF THE COURT

Marc J. Whiten, J.

The defendant, Makeda Benjamin, is charged with one count of prostitution (Penal Law § 230.00), along with one count of attempted unauthorized practice of a profession (Penal Law § 110.00; Education Law § 6512 [1]) and has filed a motion seeking dismissal of the second count for facial insufficiency.

In order to be facially sufficient, an information must substantially conform to the formal requirements of CPL 100.15. Additionally, the factual portion and any accompanying depositions must provide reasonable cause to believe the defendant committed the…

2Cases cited19 opinions

  1. People v. AlejandroNew York Court of Appeals · 1987
  2. People v. CaseyNew York Court of Appeals · 2000
  3. People v. DumasNew York Court of Appeals · 1986
  4. People v. KoniecznyNew York Court of Appeals · 2004
  5. People v. HendersonNew York Court of Appeals · 1999

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