People v. Peterson

OPINION OF THE COURT

Tricia M. Ferrell, J.

The defendant is charged with one violation of Penal Law § 245.00 and now moves for dismissal of the sole count. The defendant argues that the accusatory instrument is defective in that it fails to properly identify the subdivision of the statute applicable to the crime the defendant has allegedly committed. The additional argument presented by the defense is that the alleged exposure didn’t occur in a public place.

The accusatory instrument filed with the court is labeled as an information. It states in pertinent part the following:

“Count: 1

“§ 245.00…