People v. Koss

*69OPINION OF THE COURT

Sheryl L. Parker, J.

Each of the above-named defendants stands charged with loitering for the purpose of engaging in a prostitution offense (Penal Law § 240.37 [2]). Each defendant has moved to dismiss the information on the ground that it is facially insufficient. These cases are joined for the purposes of this decision since the issue in each case is identical.

An information must allege nonhearsay facts which, if true, establish every element of the offense charged. (CPL 100.40 [1] [c].) In the instant cases, the informations which charge the defendants with loitering for…