People v. Simmons

OPINION OF THE COURT

James H. Fogel, J.

Defendant is charged by information with petit larceny, criminal possession of stolen property in the fifth degree, unauthorized use of a motor vehicle in the third degree and criminal mischief in the fourth degree, in that he was a passenger in a stolen and damaged car. Defendant has moved *860to dismiss the charges on the ground that the information fails to conform to the requirements of CPL 100.40. In particular, defendant claims that the factual portion of the information fails to "establish * * * every element of the offense[s] charged and the…