People v. Roman

OPINION OF THE COURT

Judgment of conviction, rendered July 12, 2006, reversed, on the law, plea vacated, information dismissed, and surcharge remitted.

Defendant’s pre-plea motion to dismiss the information as jurisdictionally defective should have been granted, since the information did not set forth “nonhearsay allegations which, if true, establish every element of the offense[s] charged and the defendant’s commission thereof’ (People v Henderson, 92 NY2d 677, 679 [1999]; see CPL 100.40 [1] [c]). Fatal to the information insofar as it charged defendant with attempted criminal possession of a…