People v. Sagesse

OPINION OF THE COURT

James C. Harberson, Jr., J.

The defendant has been charged under Penal Law § 165.00 (1) (b) for failure to return property under the terms of a “Rental Lease Purchase Agreement” made with North Country Rent-*436To-Own on March 25, 2005. The defense moves to dismiss the accusatory instrument as being facially insufficient under Criminal Procedure Law § 100.40 (1), citing People v Alejandro (70 NY2d 133 [1987]).

Issue

In People v Casey (95 NY2d 354, 362 [2000]), the Court explained Alejandro and the issue resolved by that decision to involve “a failure to satisfy the first…