§ 100.40 Local criminal court and youth part of the superior court\n accusatory instruments; sufficiency on face.\n 1. An information, or a count thereof, is sufficient on its face when:\n (a) It substantially conforms to the requirements prescribed in\nsection 100.15; and\n (b) The allegations of the factual part of the information, together\nwith those of any supporting depositions which may accompany it, provide\nreasonable cause to believe that the defendant committed the offense\ncharged in the accusatory part of the information; and\n (c) Non-hearsay allegations of the factual part of the information\nand/or of any supporting depositions establish, if true, every element\nof the offense charged and the defendant's commission thereof.\n 2. A simplified information is sufficient on its face when, as\nprovided by subdivision one of section 100.25, it substantially conforms\nto the requirement therefor prescribed by or pursuant to law; provided\nthat when the filing of a supporting deposition is ordered by the court\npursuant to subdivision two of said section 100.25, a failure of the\ncomplainant police officer or public servant to comply with such order\nwithin the time provided by subdivision two of said section 100.25\nrenders the simplified information insufficient on its face.\n 3. A prosecutor's information, or a count thereof, is sufficient on\nits face when it substantially conforms to the requirements prescribed\nin section 100.35.\n 4. A misdemeanor complaint or a felony complaint, or a count thereof,\nis sufficient on its face when:\n (a) It substantially conforms to the requirements prescribed in\nsection 100.15; and\n (b) The allegations of the factual part of such accusatory instrument\nand/or any supporting depositions which may accompany it, provide\nreasonable cause to believe that the defendant committed the offense\ncharged in the accusatory part of such instrument.\n
N.Y. Crim. Proc. Law § 100.40
Local criminal court and youth part of the superior court accusatory instruments; sufficiency on face
Applied in 1 court decision — leading case Matthews v. Barr (2019)
Most recently applied in Matthews v. Barr (June 2019)
2019-10-04
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.