Defendant contends that the accusatory instrument is insufficient on its face because it does not contain non-hearsay allegations that, if true, would establish every element of the charged offense of endangering the welfare of a child (Penal Law § 260.10 [1]; see CPL 100.40 [1] [c]). More specifically, he argues that the only allegation establishing the age of the victim was hearsay. This defect in the accusatory instrument is nonjurisdictional in nature (
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PEOPLE v. ROZARIO
2007-518 DCR.
2008 NY Slip Op 28263
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DONALD ROZARIO, Appellant.
Appellate Term of the Supreme Court of New York, Second Department.https://leagle.com/images/logo.png
Decided July 2, 2008.
Decided July 2, 2008.
Appellate Term of the Supreme Court of New York, Second Department.
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