People v. Johnson

OPINION OF THE COURT

Darrell L. Gavrin, J.

The defendant is charged with violating Penal Law § 165.05 (3), unauthorized use of a vehicle in the third degree.

Defendant moves for an order granting him: dismissal of the accusatory instrument for facial insufficiency. The People oppose defendant’s motion. After reviewing the defendant’s motion, the People’s response, and all of the papers contained in the court file, this court rules as follows.

FACIAL SUFFICIENCY

It is well settled that a valid and sufficient accusatory instrument is a nonwaivable jurisdictional prerequisite to a criminal…