People v. Tribble

OPINION OF THE COURT

Judgment of conviction, rendered September 28, 2012, reversed, on the law, accusatory instrument dismissed and surcharge, if paid, remitted.

In view of defendant’s knowing waiver of her right to prosecution by information, the facial sufficiency of the accusatory instrument must be assessed under the standard required of a misdemeanor complaint {see People v Dumay, 23 NY3d 518 [2014]). Even when viewed under the more liberal standard, the accusatory instrument was jurisdictionally defective since it failed to allege “facts of an evidentiary character” (CPL 100.15 [3])…