Local criminal court and youth part of the superior court accusatory instruments; sufficiency on face

§ 100.40 Local criminal court and youth part of the superior court

accusatory instruments; sufficiency on face.

1. An information, or a count thereof, is sufficient on its face when:

(a) It substantially conforms to the requirements prescribed in
section 100.15; and

(b) The allegations of the factual part of the information, together
with those of any supporting depositions which may accompany it, provide
reasonable cause to believe that the defendant committed the offense
charged in the accusatory part of the information; and

(c) 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.

2. A simplified information is sufficient on its face when, as
provided by subdivision one of section 100.25, it substantially conforms
to the requirement therefor prescribed by or pursuant to law; provided
that when the filing of a supporting deposition is ordered by the court
pursuant to subdivision two of said section 100.25, a failure of the
complainant police officer or public servant to comply with such order
within the time provided by subdivision two of said section 100.25
renders the simplified information insufficient on its face.

3. A prosecutor's information, or a count thereof, is sufficient on
its face when it substantially conforms to the requirements prescribed
in section 100.35.

4. A misdemeanor complaint or a felony complaint, or a count thereof,
is sufficient on its face when:

(a) It substantially conforms to the requirements prescribed in
section 100.15; and

(b) The allegations of the factual part of such accusatory instrument
and/or any supporting depositions which may accompany it, provide
reasonable cause to believe that the defendant committed the offense
charged in the accusatory part of such instrument.