People v. Debranche

OPINION OF THE COURT

Robert M. Mandelbaum, J.

Is it possible to steal the identity of a person who does not exist?

Charged by information with petit larceny and two counts of identity theft in the third degree, defendants each move to dismiss the accusatory instrument for facial insufficiency. The information alleges simply that “defendants opened at least one cellular account ... in the name of Avi Natanov” and that a named complaining witness “knows that neither defendant[’]s real name[ ] matches that of Avi Natanov.” The basis of such knowledge is not disclosed. This court previously rendered…