People v. 229 Restaurant, Inc.

OPINION OF THE COURT

Eileen Koretz, J.

The corporate defendant is charged with “disorderly premises” (Alcoholic Beverage Control Law § 106 [6]) and “inadequate supervision” (9 NYCRR 48.2) stemming from an as*748sault that allegedly occurred at 229 West 28th Street on December 13, 2002. Defendant has filed a motion to dismiss the charges as facially insufficient pursuant to Criminal Procedure Law §§ 170.30, 170.35 and 100.40. For the reasons set forth below, defendant’s motion to dismiss is granted.

To be sufficient on its face, a misdemeanor1 information must contain factual allegations of an…