People v. Riviere

OPINION OF THE COURT

Stephen W. Herrick, J.

This is an appeal from Albany City Court (Carter, J.), wherein the lower court dismissed the misdemeanor information against *848the defendant for facial insufficiency. Specifically, the lower court held that the “to wit” portion of the information consisted of impermissible hearsay, requiring dismissal.

The record reveals that on December 27, 2007, a misdemeanor information was filed in Albany City Court, Criminal Part, accusing the defendant, Jamel Riviere, of committing the crime of criminal contempt in the second degree, in violation of Penal Law §…