People v. Barker

OPINION OF THE COURT

Judgment of conviction, rendered June 3, 2010, reversed, on the law, and the accusatory instrument dismissed.

The underlying accusatory instrument was jurisdictionally invalid, since it failed to set forth a prima facie case of loitering for the purpose of engaging in a prostitution offense under Penal Law § 240.37. The information—comprising the misdemeanor complaint and a check-the-box and fill-in-the-blank form supporting deposition submitted by the arresting police officer— alleged, inter alia, that at 5:20 a.m. on June 3, 2010, at Hudson and Horatio Streets in…