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PEOPLE v. ROMAN

23 Misc.3d 56 (2009)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE ROMAN, Appellant.

Supreme Court, Appellate Term, First Department.

Decided April 14, 2009.

Attorney(s) appearing for the Case

Legal Aid Society, New York City (Steven Banks and Lorca Morello of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Lucy Jane Lang of counsel), for respondent.

McKEON, P.J., and HEITLER, J., concur.

OPINION OF THE COURT

Per Curiam.

Judgment of conviction, rendered July 12, 2006, reversed, on the law, plea vacated, information dismissed, and surcharge remitted.

Defendant's pre-plea motion to dismiss the information as jurisdictionally defective should have been granted, since the information did not set forth "nonhearsay allegations which, if true, establish every element of the offense[s] charged...

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