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PEOPLE v. SHIPP

35 N.Y.2d 982 (1975)

The People of the State of New York, Respondent, v. Australia Shipp, Appellant.

Court of Appeals of the State of New York.

Decided January 20, 1975.

Attorney(s) appearing for the Case

Eugene Murphy, James J. McDonough and Matthew Muraskin for appellant.

William Cahn, District Attorney (Thomas R. Hession of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

MEMORANDUM.

Under CPL 100.40 (subd. 1, par. [c]) "An information * * * is sufficient on its face when * * * [the] Non-hearsay allegations of the factual part of the information and/or of any supporting depositions establish, if true, every element of the offense charged and the defendant's commission thereof." (Italics supplied.) (Compare People v. James, 4 N.Y.2d 482; see...

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