Judge William Ford
Gelb was charged with violating the Social Host Law, and moved for dismissal of the accusatory instrument for insufficiency. The allegations stated Geld knowingly permitted more than 30 minors to drink alcohol at his residence. The complainant listed in the instrument was an investigator from the New York State Police. The court found Gelb’s motion to dismiss the accusatory instrument on insufficiency grounds must be granted, noting the failure to specify if the information was based on personal knowledge or information and belief rendered it facially defective. It noted the complainant failed to unequivocally state a personal knowledge basis. Further, the court ruled the information failed to demonstrate that Gelb owned, rented or otherwise controlled the subject location, stating none of the supporting depositions identified Gelb as being present or having the requisite relationship with the property. In granting dismissal, the court concluded the information with its accompanying supporting depositions failed to provide the requisite non-hearsay facts of an evidentiary character showing every element of the charged offense, and Gelb’s commission of same.
