People v. Wiesmann

The defendant seeks an order dismissing a misdemeanor complaint for insufficiency pursuant to OPL 170.35 and 100.40. The defendant argues 1‘ that the misdemeanor complaint does not contain a statement alleging facts of an evidentiary character supporting or tending to support the charge and every element .of the offense charged and the defendant’s commission thereof is not supported by non-hearsay allegations or supporting deposition ”.

The factual part of the complaint, sworn to by a detective investigator of the Frauds Bureau of the Suffolk County Dis*567trict Attorney’s office, is based upon…