Criminal Court of the City of New York, Queens County
Weinstein, Assistant District Attorney, for the People
Michael Papson, Queens Law Associates, for the Defendant
of the Court's Decision
defendant's motion to dismiss count 1 of the
information-namely Permitting Premises to Become Disorderly
(A.B.C. § 106(6))-as facially insufficient is
defendant's motion to dismiss count 2 of the
information-namely Obstructing Governmental Administration in
the Second Degree (P.L. § 195.05)-as facially
insufficient is DENIED.
defendant, Raymond Salgado, is charged with Permitting
Premises to Become Disorderly (A.B.C. § 106(6)) and
Obstructing Governmental Administration in the Second Degree
(P.L. § 195.05). He now moves this Court to dismiss the
information on facial insufficiency grounds. The People, by
written response, oppose the defendant's motion.
review of the defendant's motion and the court file and
record, this Court makes the following findings.
analyzing the facial sufficiency of an information, this
Court must presume true its factual allegations. See
P.L. § 100.40(1)(c) ("[T]he non-hearsay allegations
of the factual part of the information... [must] establish,
if true, every element of the offense charged and
the defendant's commission thereof.") (emphasis
added); People v. Casey, 95 N.Y.2d 354, 360 (2000)
(quoting P.L. § 100.40(1)(c)).
about 3:20 a.m. of November 5, 2017, Police Officer Travis
Tennant responded to a call for an Assault in progress in
front of Fayrooz Hookah Lounge and Bar at 28-08 Steinway
Street, in Queens county. Upon arrival, he spoke to the
complainant, Orlando Yardley, who stated that he has been
grabbed about the body, dragged to the exit, and repeatedly
punched about the face, head and body by an employee of the
location who had identified himself as a bouncer.
As a result, the complainant suffered bruises and lacerations
on his face which were observed by deponent Police Officer
Travis Tennant and treated by Emergency Medical Services.
to his investigation of the complainant's allegations,
Officer Tennant asked the defendant, who self-identified as a
manager of Fayrooz, to provide a roster of the security
employees. The defendant refused to do so.
valid and sufficient accusatory instrument is a nonwaivable
jurisdictional prerequisite to a criminal prosecution."
People v. Smalls, 26 N.Y.3d 1064, 1066 (2016)
(quoting People v. Dreyden, 15 N.Y.3d 100, 103
(2010)); see also C.P.L. §§ 170.30;
170.35. Such a facially sufficient and valid misdemeanor
information must contain non-hearsay, non-conclusory, factual
allegations of an evidentiary character that establish every
element of, and constitute reasonable cause to believe the
defendant committed the charged offenses. See C.P.L.
§§ 70.10; 100.15(3); 100.40(1)(b) & (c);
People v. Alejandro, 70 N.Y.2d 133 (1987);
People v. Dumas, 68 N.Y.2d 729 (1986). Further,
"[s]o long as the factual allegations of an information
give an accused notice sufficient to prepare a defense and
are adequately detailed to prevent a defendant from being