People v. Diaz

OPINION OF THE COURT

Peter J. Benitez, J.

The defendant is charged with theft of services (Penal Law § 165.15 [3]), and possession of an imitation pistol (Administrative Code of City of New York § 10-131 [g]). At arraignment, defendant orally moved to dismiss the Administrative Code *122charge, arguing that the factual allegations in the accusatory instrument failed to allege facts of an evidentiary nature supporting all the elements of the offense charged. This court held that the allegations relating to the Administrative Code charge were conclusory and that additional factual allegations were…