People v. Alejandro

OPINION OF THE COURT

Hancock, Jr., J.

Defendant was charged with resisting arrest (Penal Law § 205.30), tried before a jury and convicted on the basis of a misdemeanor information which set forth no factual allegations establishing that the police officer was effecting an authorized arrest. The information was insufficient, on its face because it lacked the necessary nonhearsay allegations which *135would establish, "if true, every element of the offense charged and the defendant’s commission thereof’ (CPL 100.40 [1] [c]; 100.15 [3]). We hold that this omission constituted a jurisdictional defect…