People v. Perez

OPINION OF THE COURT

Elisa S. Koenderman, J.

The defendant, Jonathan Perez, is charged with assault in the third degree (Penal Law § 120.00 [1]), endangering the welfare of a child (Penal Law § 260.10 [1]) and harassment in the second degree (Penal Law § 240.26 [1]). The defendant moves to dismiss the charge of assault in the third degree for facial insufficiency.1 Because the evidentiary facts alleged do not support every element of the crime, the charge is jurisdictionally defective and the defendant’s motion therefore is granted.

To be sufficient, an information must allege “facts of an…