People v. Ayala

OPINION OF THE COURT

Nicholas J. Lacovetta, J.

The defense moves to dismiss the charge of unlawfully dealing with a child (Penal Law § 260.20 [2]) because it is facially insufficient (see CPL 100.15, 100.40).

*506The defense asserts that the information fails to plead as a necessary element of the offense that defendant is not the parent or guardian of the child. The statute exempts a parent or guardian from liability under this subdivision (see Penal Law § 260.20 [2]).

Various courts in different factual contexts have addressed the issue of whether an information must plead an exception to the…