Appeal from a judgment of the District Court of Nassau County, First District (Rhonda E. Fischer, J.), rendered May 27, 2010. The judgment convicted defendant, upon a jury verdict, of criminal possession of a weapon in the fourth degree.

ORDERED that the judgment of conviction is reversed, on the law, and the information is dismissed.

Defendant was charged in an information with criminal possession of a weapon in the fourth degree (Penal Law § 265.01 [1]). Following a jury trial, defendant was convicted of the charge.

In order to be facially sufficient, an information, together with any supporting deposition "accompanying or filed in connection with an information" (CPL 100.20), must allege nonhearsay facts of an evidentiary nature establishing, if true, each element of the charged offense "and the defendant's commission thereof" (CPL 100.15 [3]; 100.40 [1] [a], [c]; see People v Kalin, 12 NY3d 225, 228-229 [2009]; People v Jones, 9 NY3d 259, 261 [2007]; People v Allen, 92 NY2d 378, 385 [1998]; People v Dumas, 68 NY2d 729, 731 [1986]). A required element of the crime of criminal possession of a handgun, rifle or shotgun is that such weapon be operable (see People v Longshore, 86 NY2d 851, 852 [1995]; Matter of Rodney J., 83 NY2d 503 [1994]; People v Lewis, 39 AD3d 565 [2007]). Absent from the information and supporting [*2]deposition is an allegation that the weapon was operable. Since the information fails to allege an element of the offense charged, it is jurisdictionally defective and must be dismissed (see Kalin, 12 NY3d 225; Jones, 9 NY3d 259; Matter of Rodney J., 83 NY2d 503).

In view of the foregoing, we pass upon no other issue.

Accordingly, the judgment is reversed and the information is dismissed.

Nicolai, P.J., LaSalle and Marano, JJ., concur.
Decision Date: September 05, 2013