People v Joseph P.S.
Decided on April 15, 2005
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: RUDOLPH P.J., ANGIOLILLO and COVELLO, JJ.
2003-819 W CR
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
JOSEPH P. S. (ANONYMOUS), Appellant.
Appeal by defendant from a judgment of the Justice Court, Village of Port Chester, Westchester County (K. Ritchie, J.), rendered on April 25, 2003, adjudicating him a youthful offender upon a non-jury verdict finding him guilty of resisting arrest (Penal Law § 205.30) and imposing sentence.
Judgment adjudicating defendant a youthful offender unanimously reversed on the law and accusatory instrument dismissed.
The misdemeanor information charging defendant with resisting arrest is jurisdictionally defective, as the People concede. The factual part thereof fails to contain allegations establishing each and every element of the offense charged, including probable cause to arrest defendant (see People v Alejandro, 70 NY2d 133 ; People v Stewart, 4 Misc 3d 127[A], 2004 NY Slip Op 50612[U] [App Term, 9th & 10th Jud Dists]; People v Rodriguez, 1 Misc 3d 135 [App Term, 9th & 10th Jud Dists 2003]; People v Valvano, NYLJ, Nov. 27, 2000 [App Term, 9th & 10th Jud Dists]; People v Stellaci, NYLJ, July 1, 1998 [App Term, 9th & 10th Jud Dists]).
Decision Date: April 15, 2005