People v. Figueroa
Appellate Terms of the Supreme Court of New York
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
Order, dated May 23, 2016, affirmed.
The information charging defendant with possessing a “black pump shotgun” without the requisite permit/certificate of registration (see Administrative Code of City of NY §§ 10-303, 10-304) was jurisdictionally defective, since it lacked the necessary nonhearsay allegations which would establish, “if true, every element of the offense charged and the defendant’s commission thereof” (CPL 100.40 [1] [c]; 100.15 [3]; see People v Alejandro, 70 NY2d 133 [1987]). In particular, the deponent police officer’s sworn statement that his “search” of…
3Cases cited6 opinions
- People v. AlejandroNew York Court of Appeals · 1987
- People v. CaseyNew York Court of Appeals · 2000
- People v. CratsleyNew York Court of Appeals · 1995
- People v. JonesNew York Court of Appeals · 2007
- Arias v. Skyline Windows, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
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4Cited by1 opinion
- People v. Velazquez (Justin)Appellate Terms of the Supreme Court of New York · 2020