People v. Torres

OPINION OF THE COURT

James H. Fogel, J.

These two unrelated cases, as well as several other cases that have been adjourned pending decision of these matters, raise the same question: whether the requirement that a criminal court accusatory instrument contain factual allegations may be satisfied by a statement that a defendant "acted in concert” with others, without specifying the defendant’s actions. The court concludes that such an allegation is not sufficient. A defendant may neither be prosecuted nor held on an instrument that does not contain specific factual allegations of his or her…