Appeal by the People from an order of the Justice Court, Town of Mount Hope, Orange County (J. Hosking, J.), dated June 16, 2004, granting defendant's motion to dismiss the prosecutor's information.

Order unanimously reversed on the law, defendant's motion to dismiss the prosecutor's information denied and prosecutor's information reinstated.

The prosecutor's information contains plain and concise statements of the defendant's conduct constituting each offense alleged therein (CPL 100.35). While defendant argued that the prosecutor's information was insufficient on its face due to its failure to comply with the requirements of CPL 100.40 (1), a prosecutor's information differs from an information in that it does not need to be supported by nonhearsay allegations, which, if true, establish every element of the offense charged (CPL 100.40 [3]; 100.35). We note that although counts two and four of the prosecutor's information charging defendant with sexual misconduct under former Penal Law § 130.20 (2) were inartfully drawn, they contain all the elements of the crimes charged and therefore, are not defective (see People v Jackson, 46 NY2d 721 [1978]). Thus, defendant's motion to dismiss the prosecutor's information should have been denied. [*2]
Decision Date: September 16, 2005