People v. Haynesworth
Criminal Court of the City of New York
1Opinion of the Court
OPINION OF THE COURT
Jo Ann Ferdinand, J.
Defendant stands charged with criminal contempt in the second degree (Penal Law § 215.50 [3]) and criminal trespass in the third degree (Penal Law § 140.10). In a pretrial omnibus *431motion, defendant moves to dismiss the accusatory instrument as facially insufficient.
To be facially sufficient, the factual part of an information must provide reasonable cause to believe that the defendant committed the offense charged, and the nonhearsay allegations must establish, if true, every element of the offense charged (CPL 100.40 [1] [b], [c]). An information which…
2Cases cited2 opinions
- People v. AlejandroNew York Court of Appeals · 1987
- McCormick v. AxelrodNew York Court of Appeals · 1983
3Cited by1 opinion
- People v. SmithCriminal Court of the City of New York · 2004