PEOPLE v. SANTOS


21 Misc.3d 360 (2008)

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. SOPHIA SANTOS, Defendant.

Supreme Court, Nassau County.

August 12, 2008.


Attorney(s) appearing for the Case

Kathleen M. Rice, District Attorney, Mineola (Matthew A. Lampert of counsel), for plaintiff.

Legal Aid Society, Hempstead (Michael F Berger of counsel), for defendant.


OPINION OF THE COURT

WILLIAM C. DONNINO, J.

The issue presented here is whether a count of an indictment that omits an element of the offense from its factual allegations, but refers to the name and statutory citation of the offense in its accusatory portion, is facially sufficient under the pleading requirements of the Criminal Procedure Law.

The Court of Appeals has held that such a count is not defective for jurisdictional purposes because it...

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